In Brown v. Voss the Washington Supreme Court considered whether an easement may be extended to benefit a nondominant parcel. The court endorsed the classic property rule that the benefit of an easement may not be extended by the dominant parcel owner to benefit other parcels. Furthermore, the court declared that any extension of an easement to benefit a nondominant parcel would be a misuse of the easement. Nevertheless, after weighing the relative hardship to the parties, the court refused to enjoin the extension of the easement where the resulting hardship to the dominant parcel would greatly exceed the benefit to the servient parcel.
Extending the Benefit of an Easement: A Closer Look at a Classic Rule—Brown v. Voss, 105 Wn. 2d 366, 715 P.2d 514 (1986),
62 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol62/iss2/5