Carson v. Elliott

BURNETT, Judge.

The sole question presented is whether an easement owner was entitled to remove a physical obstruction placed in the right-of-way by owners of the land. The district court answered this question in the affirmative. We agree.

The background facts are undisputed. The litigants own summer homes on adjacent properties along the shore of Payette Lake in Valley County. A single driveway provides access to both homes. The Elliotts own the land traversed by the driveway. Carson enjoys an easement, to use the driveway. The end of the driveway is circular.

Controversy erupted when the…