Fuquay v. Low

John Fuquay, Clinton Fuquay, and Hailey Fuquay (the Fuquays), appeal the district court’s grant of summary judgment to Gilbert King, as Trustee of the Heart K Ranch Trust, the Estate of Gordon King, Rose King (the Kings), Susie Low, and Cal Low (the Lows), and the denial of the Fuquays’ motion for reconsideration in a property dispute concerning an alleged prescriptive easement in favor of the Fuquays across the Kings’ and Lows’ property. At various times throughout the year, the Kings grazed cattle over "King Lane." Until 2014, the Kings had barbed wire gates on both the east and west ends of King Lane to enclose their livestock. Anyone attempting to use King Lane had to stop, open, and then close the gates. In 2014, the Kings placed large iron gates across each end of King Lane. The Fuquays purchased their property in 1977. Contrary to Rose King’s testimony, the Fuquays claimed they have continuously used large semi-trucks, cattle trucks, farm vehicles, and personal vehicles to cross King Lane since 1977. In 2014, John Fuquay divided the Fuquay property into parcels for sale. At that time, the Fuquays discovered that there was no recorded easement for the benefit of the Fuquay property for access by way of King Lane. In the summer of 2014, a dispute also arose between the Kings and the Fuquays regarding the iron gates that the Kings placed at each end of King Lane.The district court concluded that because the Kings had annually improved King Lane since 1973 to create an all-weather roadway, the correct presumption was that of permissive use. The district court further concluded the Fuquays failed to present evidence that their use of King Lane interfered in any way with the Kings’ use of the roadway. The district court entered it judgment as to the claims between the Fuquays and the Lows. The Fuquays timely appealed. Finding no reversible error, the Idaho Supreme Court affirmed judgment in favor of the Kings. View "Fuquay v. Low" on Justia Law