Villager Condominium Ass'n v. Idaho Power Co.

The majority opinion concludes that the recorded plat maps are the instruments which created the Idaho Power easement, not the Janss agreement. The opinion states, “We agree with the trial court that the Janss agreement has no bearing on the legal problem presented here. The agreement was not recorded. Additionally, the Villagers were not parties to the agreement. Thus the issue presented here is decided without reference to the agreement.” Ante at 988, 829 P.2d at 1337-1338.

Both the trial court’s and the majority’s conclusion are contrary to I.C. § 55-815 which provides that, “An unrecorded…