Green v. Lupo

647 P.2d 51 (Wash. Ct. App. 1982)

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Nature of the Case

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Facts

Green (P) once owned a tract of land and now retains several acres located south of D's property. D purchased the property from P by real estate contract. While still paying for that purchase, D requested a deed release to a small section of the north tract to allow financing for the construction of a home. P agreed in return for a promised easement along the southern 30 feet of the north tract when D eventually obtained title. The express terms of the promised easement were contained in a written agreement, which was executed in the form required for the conveyance of an interest in real property. P's developed their property into a mobile home park, and some of P's tenants used the easement as a practice runway for their motorcycles. D obtained title and refused the easement to P. D also placed logs along the southern boundary of the easement to restrict access from P’s property. P sued for specific performance. During trial, D claimed that the easement was for P's personal use and not for the mobile home park and not for the entire tract of land developed into a mobile home site which has access by other existing roads. The trial court found the easement to be for P's personal use, and it could not be assigned or conveyed nor used for the mobile home park, and that passage by motorcycles was prohibited. P appealed.