Kolouch v. Kramer’s Empirical Analysis
1991
Citation profile
1 district · 21 state decisions
How this case has been cited
Cited by 22 later decisions — most recently December 2021
1 district · 21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Herzog v. Grosso · 35 Cal. 2d 5 - Fristoe v. Drapeau · 54 Wash. App. 632 - City of Edmonds v. Williams · 59 Wash. 2d 397 - Thompson v. Smith · Castle Associates v. Schwartz
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here an easement has been created but no occasion has arisen for its use, the owner of the servient tenement may fence his land and such use will not be deemed adverse to the existence of the easement until such time as (1) the need for the right of way arises, (2) a demand is made by the owner of the dominant tenement that the easement be opened and (3) the owner of the servient tenement refuses to do so.”
2 later decisions quote this exact passage“Applied here, we may paraphrase [the Castle] rule to read that where the easement was created, but no occasion has arisen for its use, the owner of the servient tenement may plant trees, erect a fence, etc. and such use will not be deemed to be adverse (or inconsistent ... ), until the need to use the easement arises, etc. We think this rule makes sense in light of the well established rule that the owner of the servient estate is entitled to use his land, even though encumbered by an easement, for any purpose not inconsistent with the purpose reserved in the easement. Accordingly, Kramer’s use of his property which was subject to the easement has not been adverse or inconsistent with the Ko-louehs’ rights prior to the time the Ko-louchs’ need to use the easement arose, and the trial court’s finding to that effect was not clearly erroneous.”
1 later decision quote this exact passagee.g. Childs v. Harada“The question of whether a particular use of an easement is reasonable and commensurate with the intention of the parties when the easement was granted is generally a question of fact for the trial court and its findings will not be disturbed if supported by substantial and competent evidence.”
1 later decision quote this exact passagee.g. Baker v. KAL, LLC
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.