[U] Gabriel v. Mascarinas

Ordinarily, the holder of a right of way easement does not have a right to exclude the owner of the servient estate from using the way. An exclusive easement will be recognized only where clearly intended by the grantor. The documents here are ambiguous, but extrinsic evidence could reveal such an intent. The trial court therefore erred in granting a CR 12(b)(6) motion to dismiss claims premised upon an exclusive easement. A claim for private nuisance also should not have been dismissed. We reverse and remand.