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eBook details

• Title: Charles E. Gibbens and Lula E. Gibbens V.
• Author : Supreme Court of Idaho No. 11913
• Release Date : January 27, 1977
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

This appeal concerns the existence of a prescriptive easement and the extent of use permitted thereby. The defendants-appellants (hereinafter appellants) are the owners of a 20 acre parcel of land located between Brookside Lane, a public highway, and a 700 acre parcel of land owned by the plaintiffs-respondents (hereinafter respondents). These parcels are located approximately seven road miles generally north of Boise, Idaho. Brookside Lane is on the south boundary line and the 700 acre parcel is on the north boundary line of the 20 acre parcel. The 700 acre parcel has no frontage along Brookside Lane or any other public highway. The only means of access to the 700 acre parcel is by way of a dirt road which commences on Brookside Lane and crosses the 20 acre parcel in a northerly direction. The use of the dirt road was commenced in the early 1930's. When this use was commenced the 20 acre parcel was unenclosed by fences and uncultivated. In the 1940's the 20 acre parcel was enclosed with a perimeter fence and gates were installed across the dirt road. This fence was constructed by a Mr. Pfost who was at that time the owner of the 700 acre parcel. This fence was constructed with the permission of a Mr. Jeker, who was the then owner of the 20 acre parcel. The fence was constructed so the 20 acre parcel could be used for the purposes of a pasture. This was the first use to which the smaller tract was put. Prior to 1970, the 700 acre parcel was used primarily as a farm, cattle ranch, and single family residence, although the extent of the operations is not clear from the record. The single family residence, farm outbuildings, and corrals were all located on the southern boundary of the 700 acre parcel, at the north end of the dirt road. From the time the use of the dirt road was commenced in the early 1930's until 1970 the road was used primarily as a means of ingress and egress for the single family residence and for the movement of cattle, crops, and farm machinery attributable to the cattle and farming operation taking place on the 700 acre parcel. The road was wide enough to allow vehicles to pass and to haul loads as wide as twenty-one feet. There is some evidence that the road was also used occasionally by persons attending rodeos which were held on the 700 acre parcel. At all times since the use of the road commenced in the early 1930's, the owners of the smaller parcel were aware of the use of the road by the owners of the larger parcel.

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