Volume 41 — Washington Appellate Reports

<bold>[1] Eminent Domain — Private Condemnation — Necessity — Proof —</bold> <bold>Absence of Other Access.</bold> A private party seeking to condemn a private way of necessity under RCW <cross_reference>8.24.010</cross_reference> must, in order to show the statutory element of necessity, disprove the existence of an implied access easement once credible evidence is presented that such an easement exists. <bold>[2] Easements — Implied for Access — In General.</bold> Intent to grant an access easement is implied when a grantor sells a landlocked portion of his property.

<bold>[1] Divorce and Dissolution — Maintenance — Modification —</bold> <bold>Express Preclusion — What Constitutes.</bold> For purposes of RCW <cross_reference>26.09.070</cross_reference>(7), a dissolution decree "expressly" restricts modification of spousal maintenance when another document which states the restriction is incorporated by reference "as if fully set forth" and all provisions of the other document are stated to become a part of the decree. <bold>[2] Divorce and Dissolution — Separation Agreement — Fairness —</bold> <bold>Time of Execution.</bold> The fairness of a separation agreement is evaluated as of the time the parties agreed to it. <bold>[3] Judgment — Vacation — Reason Not Specified in Rule —</bold> <bold>Nature.</bold> Only unusual and extraordinary circumstances will justify a court's relieving a party from the operation of a judgment under CR 60(b)(11).