KUNKEL v. FISHER

No. 45374-2-I.

23 P.3d 1128 (2001)

John KUNKEL and Robyn Kunkel, husband and wife, Respondents, v. Thomas J. FISHER, Appellant.

Court of Appeals of Washington, Division 1.

June 4, 2001.


Attorney(s) appearing for the Case

Randy Marc Boyer, Edmonds, for Appellant.

Victor Evald Haglund, Everett, for Respondents.


GROSSE, J.

In a claim for a prescriptive easement, the use of another's property is presumed to be permissive. The trial court erred when it failed to apply this presumption to the Kunkels' claim of a prescriptive easement over the Fisher property. Because the Kunkels did not put forth sufficient evidence to overcome the presumption, we reverse.

FACTS

The Kunkels operated a house-moving business and kept trucks at their home in Lynnwood, Washington...

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