Webster v. Magleby, No. 12193
| Court | Idaho Supreme Court |
| Writing for the Court | SHEPARD; McFADDEN |
| Citation | 98 Idaho 326,563 P.2d 50 |
| Decision Date | 20 April 1977 |
| Docket Number | No. 12193 |
| Parties | Lewis M. WEBSTER et al., Plaintiffs-Appellants, v. Sterling MAGLEBY et al., Defendants-Respondents. |
Page 50
v.
Sterling MAGLEBY et al., Defendants-Respondents.
[98 Idaho 327]
Page 51
Larry M. Boyle, Hansen & Boyle, Idaho Falls, for plaintiffs-appellants.Blair John Grover, Lee, Ririe & Grover, Rigby, for defendants-respondents.
SHEPARD, Justice.
This is an appeal from a judgment in favor of defendants Magleby and against plaintiffs Webster in a suit wherein plaintiffs claim an easement over and across defendants' land and sought an injunction to prevent defendants from interfering with the use of said easement. The trial court found against the plaintiffs and in favor of defendants on the issue of the easement and granted an injunction in favor of the defendants and preventing plaintiffs use of the claimed easement. We affirm.
The controversy involves two families who own adjoining property. Prior to 1947, the Magleby family (parents of defendants Sterling and Erma Magleby) owned all the land in question which is located near Henry's Lake in Fremont County, Idaho. In that year they conveyed a portion of the land to the plaintiff Lola Webster and her husband Kenneth (now deceased).
Since that time in 1947 the Websters have continuously used their land for pasturing cattle. Their property is divided into two pasture portions by a sizable swamp which allegedly prevents them from moving their cattle from one portion to the other. A county road is adjacent to each of the pieces of the Websters' property and their cattle can be moved from one portion to another by utilizing the road. Use of that county road involves a cattle drive of between two and four miles and the Websters alleged that herding their cattle along that road is difficult. It is also indicated that the swamp dividing the Websters' property is not totally impassable and at times cattle have been driven from one pasture to another through the swamp.
The Websters assert an easement for driving their cattle across approximately 1/4 mile of the Maglebys' land which eliminates the need to traverse the swamp and eliminates the need to use the county road with its increase in travel distance and the alleged attendant dangers connected therewith.
Plaintiffs Webster since 1947 have thus preferred to use the shorter travel distance across defendants' land and have so driven their cattle at least twice every year. In 1973 the Maglebys for the first time protested the Websters' driving their cattle across the Magleby land. In 1974 the Maglebys locked the gate giving access to their land after which the Websters forced it open...
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Backman v. Lawrence, No. 35151.
...and independent act that would put the owner of the servient property on notice that the use was no longer permissive. Webster v. Magleby, 98 Idaho 326, 327, 563 P.2d 50, 51 The district court stated that "the threshold issue is whether there was a prescriptive right of access over Turtle R......
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Kaupp v. City of Hailey, No. 16068
...I.C. § 5-203. The owner of the servient tenement must have actual or imputed knowledge of the adverse use. Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 (1977); Smith v. Breen, 26 Wash.App. Page 1010 [110 Idaho 340] 802, 614 P.2d 671 (1980). Specific facts must be presented to prove the ele......
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Eliopulos v. Kondo Farms, Inc., No. 13655
...Accordingly, we sustain the trial court's holding that Kondo had not acquired a prescriptive easement. See, e.g., Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 Kondo argues that, even if it was not entitled to drain its waste water across the Eliopulos property, the trial court's award of d......
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Kolouch v. First Sec. Bank of Idaho, No. 21508
...into the estate money not previously part of the estate. Servel v. Corbett, 49 Idaho 536, 290 P. 200 (1930); See also Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 (1977) (dead man's statute applies only to claims against the estate of deceased person). This matter came before the magistrat......
-
Backman v. Lawrence, No. 35151.
...and independent act that would put the owner of the servient property on notice that the use was no longer permissive. Webster v. Magleby, 98 Idaho 326, 327, 563 P.2d 50, 51 The district court stated that "the threshold issue is whether there was a prescriptive right of access over Turtle R......
-
Kaupp v. City of Hailey, No. 16068
...I.C. § 5-203. The owner of the servient tenement must have actual or imputed knowledge of the adverse use. Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 (1977); Smith v. Breen, 26 Wash.App. Page 1010 [110 Idaho 340] 802, 614 P.2d 671 (1980). Specific facts must be presented to prove the ele......
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Eliopulos v. Kondo Farms, Inc., No. 13655
...Accordingly, we sustain the trial court's holding that Kondo had not acquired a prescriptive easement. See, e.g., Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 Kondo argues that, even if it was not entitled to drain its waste water across the Eliopulos property, the trial court's award of d......
-
Kolouch v. First Sec. Bank of Idaho, No. 21508
...into the estate money not previously part of the estate. Servel v. Corbett, 49 Idaho 536, 290 P. 200 (1930); See also Webster v. Magleby, 98 Idaho 326, 563 P.2d 50 (1977) (dead man's statute applies only to claims against the estate of deceased person). This matter came before the magistrat......