Bailey v. Hennessey

Citations

• 112 Wash. 45
• 191 P. 863
• 1920 Wash. LEXIS 725

Syllabus

<p>Easements (12)-—-Implied Easements—Cbeation. The essentials of an easement by implication are (1) a separation of title; (2) a permanent use before separation impressed upon one- part of the estate in favor of the other; which (3) shall be necessary to the beneficial enjoyment of such part.</p> <p>Same. The necessity for an easement by implication is such reasonable necessity as renders the easement essential to the convenient or comfortable enjoyment of the property as it existed before severance of title.</p> <p>Easements (12, 13)—Implied Easements—Evidence—Sufficiency. An implied easement in the right to the use of an alley-way by the owner,of a building engaged in the feed business is sufficiently shown by evidence that the common grantor of the adjoining lots erected buildings upon the lots with a view of using the alley-way provided in the rear, that such use was intended to be of permanent character and was notorious and plainly visible, that the alley-way was so used for fourteen years and was necessary to the beneficial enjoyment of the property.</p>