Elder v. Northwest Timber Co.

In Monaco v. Bennion, 99 Idaho 529, 585 P.2d 608 (1978), an owner of a lakefront *360subdivision illustrated a private roadway on the plat which he caused to be prepared and recorded. The illustrated roadway did not coincide with an existing roadway which was the means of access by which that owner’s lot purchasers came off a county road in order to reach their lots. Sometime later, in order to gain more lots out of his subdivision, the owner attempted to restrict the lot owners from the use of some portions of the existing roadway. The owner prevailed upon a local surveyor to “provide” a metes…