Marshall v. Blair

WALTERS, Chief Judge.

This case involves a dispute over a road easement in Bingham County. Dennis and Paula Marshall filed suit against Joseph and Jeanne Blair, seeking a determination of the Marshalls’ right to access their property using a lane which extends from a public road, past the Blairs’ home, past a neighbor’s property, to the Marshalls’ residence. The district court held that: (1) the Marshalls have a prescriptive easement as well as an implied easement allowing them use of the lane; (2) there was no basis to uphold any boundary by agreement or acquiescence; and (3) the Blairs had…