Latham v. Garner

BAKES, Justice.

Plaintiff appellant appeals from a lower court decision that a roadway easement over plaintiff’s servient estate belonged exclusively to the defendant respondents, enjoining plaintiff from either using the road or interfering with the defendants’ use.

The uncontroverted facts before the lower court were that the defendant respondents have owned certain real property located in Kootenai County, Idaho, since 1962. Until 1968, defendants’ only access to their property was through privately owned adjoining land, on an inconvenient and sometimes impassable road. On March 29, 1968,…