Burley Brick & Sand Co. v. Cofer

DONALDSON, Justice.

This is an appeal from a district court’s denial of an action by plaintiff-appellant Burley Brick and Sand Co., (hereinafter Burley Brick) to establish either an easement by necessity or an easement by implication.

In December 1959, Mr. and Mrs. Cofer conveyed ten acres out of their ranch in Minidoka County to Burley Brick for $3,000. Although the deed is silent in regards to the granting of an easement from the Cofers to Burley Brick, it recognizes that the ten acres are subject to an easement granted by the Cofers to the state of Idaho.

The ten acres acquired by appellant…