West v. Bowen

JOHNSON, Justice.

This is an easement ease. We conclude that an easement for non-exclusive use of an airport exists because (1) an escrow agreement containing the easement was recorded prior to a deed describing property which the easement restricts, and (2) the doctrine of merger is inapplicable under the facts of this case.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

On March 30,1989, Edward and Inez Robertson (the Robertsons) sold Lester and Er-lene West (the Wests) two acres of their 117 acre property in Idaho County known as the Whitewater Ranch (the ranch). The Wests and Robertsons entered into…