(DOWNLOAD) "O'Neal L. Burns and Isabelle Burns v." by Court of Appeals of Idaho No. 19164 # Book PDF Kindle ePub Free
eBook details
- Title: O'Neal L. Burns and Isabelle Burns v.
- Author : Court of Appeals of Idaho No. 19164
- Release Date : January 02, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
WALTERS, C.J. This case arises from a dispute over the rights of Peggy and Donald Alderman, Jr., (the Aldermans) to use a private roadway running through a real estate subdivision. The Aldermans own a lot in the subdivision, but use the roadway to access another parcel located adjacent to, but outside of, the subdivision. O'Neal and Isabelle Burns, who also own property within the subdivisión filed this action seeking to enjoin the Aldermans from using the roadway, alleging that the Aldermans' activities constituted a misuse of the easement rights granted to the subdivision's lot owners. The district court dismissed the action, concluding that the Aldermans have an independent right of easement under a prior deed. For the reasons explained below, we vacate judgment of dismissal and remand to the district court for additional findings on the Aldermans' alternative claim of a prescriptive right of easement.
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