(DOWNLOAD) "Deer Creek v. Gary J. Hibbard" by Supreme Court of Idaho No. 10679 " eBook PDF Kindle ePub Free
eBook details
- Title: Deer Creek v. Gary J. Hibbard
- Author : Supreme Court of Idaho No. 10679
- Release Date : January 24, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This is an appeal from a judgment of the trial court wherein the defendants were found to be entitled to a prescriptive easement
across the property of plaintiff. Plaintiff had initiated an action to enjoin the defendants from trespassing on plaintiff's
property and to recover damages. In defendants' answer to this complaint, the affirmative defense of a right of way by prescriptive
easement is raised. The properties in question lie approximately three miles north of Hailey, Idaho. The portion of defendants' property in question
here lies along the west bank of the Big Wood River, and cannot be reached, except in low water times, other than by crossing
the property of the plaintiff. Plaintiff's property is reached by travelling north on Highway 93 from Hailey to Deer Creek
Road, then travelling west on Deer Creek Road, crossing the Big Wood River, to a point about one mile from the Highway where
there is a gate in a fence surrounding plaintiff's property. From that point, in order to reach defendants' property, it is
necessary to follow a well defined dirt road which continues through the edge of Plaintiff's cultivated lands and leads to
a gate in a fence at the defendants' property line. Plaintiff and defendants took possession of their respective properties
during the period 1960-1961. Plaintiff commenced its action in 1968.
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