Mueller v. Hoblyn

I cannot agree with the decision in this case according to the majority opinion. I am satisfied the trial court and this court have placed this jurisdiction in the minority with respect to the acquisition of an easement right-of-way by adverse possession. Annotation, Loss of Private Easement by Nonuser or Adverse Possession, 25 A.L.R.2d 1265, 1329 (1952). In relying upon Kolouch v. Kramer, 120 Idaho 65, 813 P.2d 876 (1991), the trial court and this court have rested upon unstable ground.

Kolouch expanded upon Castle Associates v. Schwartz, 63 A.D.2d 481, 407 N.Y.S.2d 717 (1978). The Idaho…