Clemans v. Martin

Wayne and Joyce Martin (appellants) appeal the August 26, 1985, order of the Twentieth Judicial District Court, County of Lake, denying them a prescriptive easement for a roadway across Jessie Clemans’ (respondent) property. We affirm.

Appellants own a forty acre parcel of land on the west slope of the Mission Mountains. Their land is bordered on three sides by land belonging to the Confederated Salish and Kootenai Tribes. Respondent owns the property bordering appellants’ land on the west.

There is no road access to appellants’ property. This situation was acknowledged in appellants’ contract…