Van Buren v. Trumbull

Citations

• 92 Wash. 691
• 159 P. 891
• 1916 Wash. LEXIS 821

Syllabus

<p>Easements — Right to Ingress and Egress — Dedication—Estoppel — Rights of Grantees. Since the dedicator of a plat selling lands abutting on a dedicated street cannot defeat the grantee’s right to an easement in the street, common grantees claiming through him cannot, as between themselves, deny the full effect of the deed or question the right of ingress and egress.</p> <p>Same — Streets—Dedication—Vacation—Abandonment. Rem. & Bal. Code, § 5673, vacating county roads which remain unopened for public use for five years, has no application to and does not affect private rights of easement acquired by deed by an abutter upon a street in a dedicated plat.</p> <p>Same — Extinguishment—Streets—Abandonment. The easement of an abutting owner in a street in a dedicated plat is not lost by abandonment or nonuser, however long continued, until the time arrives when it is required for actual use; hence the right is not lost by the fact that half of the road had been fenced by the owner on the opposite side while ingress and egress had been found over lands of other parties.</p>