MacCaskill v. Ebbert

SUBSTITUTE OPINION UPON DENIAL OF PETITION FOR REHEARING

This opinion supersedes the Court’s prior opinion dated December 31, 1986.

BURNETT, Judge.

This is an appeal from a summary judgment rejecting a claim of easement by necessity to “landlocked” property. Such an easement customarily arises where part of a tract is conveyed and, as a result of the severance, the part conveyed or the part retained is deprived of legal access to a public road. Cordwell v. Smith, 105 Idaho 71, 665 P.2d 1081 (Ct.App.1983). The question presented in this case is whether an easement by necessity might also arise…