Cardenas v. Kurpjuweit

BISTLINE, Justice.

We granted review of the Court of Appeals decision to determine whether a landowner's claim of a prescriptive easement will be defeated as a matter of law because the landowner has labored under the mistaken view that the ingress-egress to her property was over a road which was open to the public.

PART I

The facts which underlie this dispute are sufficiently set out in the Court of Appeals decision and an illustrative sketch is found of the involved properties and the roadway in question is found at 114 Idaho at 81, and at 753 P.2d at 293. Briefly stated, the Court of Appeals…