Cooper v. Boise Church of Christ of Boise, Idaho, Inc., 10781

Decision Date12 July 1974
Docket NumberNo. 10781,10781
Citation524 P.2d 173,96 Idaho 45
PartiesBetty L. COOPER, Plaintiff-Respondent, v. BOISE CHURCH OF CHRIST OF BOISE, IDAHO, INC., a corporation, Defendant-Appellant.
CourtIdaho Supreme Court

Richard J. T. Anderson, and D. Blair Clark of Anderson, Kaufman, Anderson & Ringert, Boise, for defendant-appellant.

James B. Lynch of Coughlan, Imhoff, Christensen & Lynch, Boise, for plaintiff-respondent.

SHEPARD, Chief Justice.

Plaintiff-respondent Betty L. Cooper, record title owner of real property located at the corner of Fairview Avenue and Eldorado Street in Ada County brought this action to compel the appellant Boise Church of Christ of Boise, Idaho, Inc. to remove a large electric sign from one corner of the lot. After a non-jury trial the district court issued its judgment and decree quieting title to the property in plaintiff-respondent Cooper, declaring the defendant church had no interest in the property and enjoining the church and its successors from claiming any interest in the property. From that judgment the church has appealed.

The factual background of this controversy although complex is largely undisputed. On August 8, 1955, Mr. and Mrs. Daniel Neely contracted to sell the property in question to Mr. and Mrs. Robert W. Adams. A warranty deed conveying the property was placed in escrow, with the record title to the property remaining in the Neelys. On February 18, 1957, the Adamses executed a document purporting to convey an easement to the Boise Church of Christ. 1 Thereafter the church erected a large electric sign on the property which gave directions to the church located a few blocks distant. That document was not recorded until April 27, 1960.

On or about April 23, 1959, the Adamses executed a quitclaim deed to the property to a New Mexico corporation, House of Carpets, Inc. That deed was recorded on May 4, 1959. Appellant church submits that the quitclaim deed to the House of Carpets was void for failure to comply with the Idaho statutes governing the qualification of foreign corporations to do business in Idaho. We do not agree. See Land Development Corporation v. Canaday, 74 Idaho 233, 258 P.2d 976 (1953).

On or about January 6, 1964, there being an unpaid delinquency, the property was conveyed by tax deed to the Nampa and Meridian Irrigation District, which deed was recorded June 15, 1964.

After receipt of the quitclaim deed from the Adamses, House of Carpets, Inc. assumed the contract payments on the property and fully paid the purchase price. Betty Cooper was the wife of William Cooper, the president of House of Carpets. The Coopers were divorced in April of 1965 and on July 5, 1965, as a part of the Coopers' property settlement House of Capets executed a quitclaim deed to the property in question herein to Mrs. Betty Cooper and that instrument was recorded April 5, 1966.

On September 24, 1965, the Neely to Adams warranty deed, which had been held in escrow, was mailed to the Adamses. They also had been divorced and that warranty deed was never recorded. The uncontroverted evidence indicates that merely to facilitate the title transfer of the subject property to Betty L. Cooper, on Cotober 13, 1965, the Neelys executed and delivered another warranty deed to the property to Robert W. Adams alone (recorded on October 22, 1965) and on July 28, 1966 Robert W. Adams executed a warranty deed to the property to Betty Cooper which deed was recorded on August 5, 1966. The multiple conveyances of interests in this property came to an end on May 6, 1969, when the Nampa-Maeridian Irrigation District conveyed the property to Betty Cooper by tax deed which was recorded on May 9, 1969.

The principal conflict on this appeal is the mixed question of law and fact as to the extent of the interest conveyed by the Adamses to the Boise Church of Christ through the execution of the document entitled 'Electric Sign Easement.' The district court found and concluded that the Adamses intended only to create a license rather than an easement and that in fact a license was the only interest conveyed.

It appears that the following factors expressed in the memorandum opinion of the district court were the primary bases for its decision. The Adamses owned only an equitable interest in the property and therefore had no power to grant an easement binding on the conditional vendors. 2 The consideration paid was nominal. The right was given only for the limited purpose of advertising church services and the location of the church building. No words of succession were used. The duration of the privilege was not specified. The document did not guarantee non-default on the part of the Adamses in performing their escrow contract, nor did the church assume any obligation to pay off any part of the contract. Although the location of the sign itself was specified with some exactness, the dimensions of the sign were not specified and there was no obligation to maintain a clear space so that the sign would be visible from the highway.

Whether an instrument purporting to convey the right to use the property of another conveys an easement or a license

'depends upon the intent of the parties as interpreted from the language use and to the extent the rules of evidence permit from the surrounding circumstances, viewed in the light of applicable rules of law, * * * and of intent.' 2 G. Thompson, Real Property #316, p. 15 (1961). See also Restatement of Property § 514.

The finding of the district court that regardless of the designation of the document the parties intended only the creation of a license is supported by substantial competent evidence and will not be disturbed on this appeal.

Appellant church has contended that it acquired a permanent easement to maintain the sign by prescription. A revocable license may continue by implication even after the transfer or conveyance of...

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7 cases
  • Rupli v. South Mountain Heritage Soc'y, Inc.
    • United States
    • Court of Special Appeals of Maryland
    • December 22, 2011
    ...by the original licensee, sometimes referring to it as an implicit continuation of the license. See, e.g., Cooper v. Boise Church of Christ, 96 Idaho 45, 48, 524 P.2d 173 (1974) (“a revocable license may continue by implication”). More specifically, some states do not agree that the sale of......
  • U.S. v. Southern California Edison Co.
    • United States
    • U.S. District Court — Eastern District of California
    • January 9, 2004
    ...the interest at stake. Kapiolani Park Preservation Soc'y v. Honolulu, 69 Haw. 569, 578, 751 P.2d 1022 (1988); Cooper v. Boise Church of Christ, 96 Idaho 45, 47, 524 P.2d 173 (1974); BeWigged by Suzzi, Inc. v. Atlantic Dept. Stores, Inc., 49 Ohio App.2d 65, 70-72, 359 N.E.2d 721 Despite thes......
  • Roberts v. Swim
    • United States
    • Idaho Court of Appeals
    • November 2, 1989
    ...802, 693 P.2d 448 (1984); Elder v. Northwest Timber Company, 101 Idaho 356, 613 P.2d 367 (1980); Cooper v. Boise Church of Christ of Boise, Idaho, Inc., 96 Idaho 45, 524 P.2d 173 (1974); Branson v. Miracle, 111 Idaho 933, 729 P.2d 408 (Ct.App.1986); Melendez v. Hintz, 111 Idaho 401, 724 P.2......
  • Branson v. Miracle
    • United States
    • Idaho Court of Appeals
    • November 26, 1986
    ...enjoyment of the license is not inconsistent with the rights of the grantee or transferee. Cooper v. Boise Church of Christ of Boise, Idaho, Inc., 96 Idaho 45, 48, 524 P.2d 173, 176 (1974). But see Stecklein v. Montgomery, 98 Idaho 671, 570 P.2d 1359 (1977) (permission by prior owner did no......
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