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LOWE v. DOUBLE L PROPERTIES, INC.

No. 17583-9-III.

20 P.3d 500 (2001)

Aron L. LOWE and Denise Lowe, husband and wife, and the marital community comprised thereof, Appellants, v. DOUBLE L PROPERTIES, INC. a Washington corporation, David L. Nibarger, as President; Paul L. Nibarger, as Vice-President; and Julie Norris, as Secretary, individually, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

As Amended on Grant of Reconsideration May 22, 2001.

Attorney(s) appearing for the Case

Thomas M. Roberts, Roberts & Mahoney, Spokane, for Appellants.

Stephen R. Matthews, Donald C. Brockett, Phillabaum, Ledlin, Matthews & Gaffney-Brown, Spokane, for Respondents.

BROWN, J.

Double L Properties, Inc., the servient estate holder, erected gates across Aaron L. and Denise S. Lowe's ingress and egress easement acquired by default judgment. Mr. Lowe sought injunctive relief. The trial court permitted the gates, restricted maintenance, and imposed speed limits. The Lowes appeal. We clarify the difference between intended and imposed easements. We decide the trial court did not err when ruling...

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