Justia Real Estate & Property Law Opinion Summaries

Ricky and Kimberly Holden appealed an order granting a water right to their neighbors Jackie and Teresa Weece. . In 1999, the Holdens constructed a well on a portion of their property (Lot 17) and obtained a licensed water right. In 2000, the Holdens built a residence on another portion of their property (Lot 16) which included a sewage disposal system connected to the well. In 2001 the Holdens sold Lot 16 to a friend, Loree Saunders. As an accommodation for the sale, the Holdens and Saunders entered into a joint well use agreement allowing Saunders to utilize the well on the Holden’s property. Later, in 2001, Saunders’s lender bank foreclosed Lot 16. The Weeces acquired Lot 16 from the lender in 2005. The Holdens and the Weeces continued to follow the joint well use agreement to provide water to Lot 16; however, a dispute arose in 2015 regarding the Weeces use of such water. The Holdens claimed the district court erred in adopting the findings of fact and conclusions of law contained within a special master’s Report and Recommendation and that the priority date of the Weeces’ water right, recommended by the special master and adopted by the district court, was clearly erroneous. Finding no reversible error, the Idaho Supreme Court affirmed the district court’s order. View "Holden v. Weece" on Justia Law

This case addressed whether the issuance of a tax deed extinguished a prescriptive easement across a parcel of land by operation of former Idaho Code section 63-1009. The Owens purchased a small parcel of land (“the Orphan Parcel”) from Kootenai County after a tax sale. A dispute arose as to whether the Regans had the right to drive across the Orphan Parcel. The Regans sued the Owens to reform the tax deed to include an express easement and to establish a prescriptive easement. The district court granted summary judgment in favor of the Regans, ruling that the Owens’ deed contained a mutual mistake and should be reformed to reflect an express easement that the original grantors intended. The Owens appealed and the Idaho Supreme Court held that the deed should not be reformed. The Court also vacated a portion of the district court’s judgment and remanded the case for further proceedings. On remand, the district court granted summary judgment in favor of the Owens, finding that any prescriptive easement was extinguished by Idaho Code section 63-1009, which provided that tax deeds conveyed property free of all “encumbrances.” The Regans appealed; shortly thereafter, the Idaho Legislature amended Idaho Code section 63-1009. In September 2017, the Idaho Supreme Court released its original decision in this appeal, then granted the Regans’ petition for rehearing. After review, the Supreme Court vacated the judgment entered in favor of the Owens and remanded this case for further proceedings. View "Regan v. Owen" on Justia Law

This appeal centered on a boundary dispute between neighbors. James and Marjorie Croston appealed the district court’s grant of summary judgment in favor of William and M. Ann Fischer, trustees of the William and Ann Fischer Revocable Trust (Fischers). The Crostons owned property adjacent to the southern side of property owned by the Fischers. For several decades, an existing post-and-wire fence divided the two properties. The existing fence fell into disrepair, and in 2015, the Fischers sought to remove the existing fence and replace it with a new fence. The Fischers had a survey done to ensure the new fence would be correctly placed; however, the survey revealed that the location of the old fence line did not reflect the platted property line. Instead, the old fence line extended south of the platted line approximately three feet on the eastern side and approximately nine feet on the western side. Following the survey, the Crostons built a new fence on the survey line, which prompted the Fischers’ to file the underlying lawsuit. Both parties claimed they owned the tract of land between the old fence line and the platted boundary line. The district court granted the Fischers’ motion for summary judgment reasoning that the old fence constituted a boundary by agreement, and there was no agreement to change the boundary line. The Crostons appealed that ruling, but finding no reversible error in the district court judgment, the Idaho Supreme Court affirmed. View "Fischer v. Croston" on Justia Law

Gary and Glenna Eden sought to file a late notice of claim for their Water Right No. 37-864 which was not claimed during the pendency of the Snake River Basin Adjudication (“SRBA”), and therefore was decreed disallowed. In the SRBA, the Edens alleged that the SRBA’s Final Unified Decree and the Closure Order should have been set aside as void because they did not receive sufficient notice of the SRBA proceedings to satisfy due process. Further, the Edens argued they were not personally served with the required notice of default pursuant to Idaho Rule of Civil Procedure 55(b)(2). Furthermore, the Edens claimed that unique and compelling circumstances justify relief from the final judgment under Idaho Rule of Civil Procedure 60(b)(6). The SRBA court disagreed and denied the Edens’ relief on any of these grounds. Finding no reversible error in the SRBA court's judgment, the Idaho Supreme Court affirmed. View "Eden v. Idaho" on Justia Law

Gary and Glenna Eden sought to file a late notice of claim for their Water Right No. 37-864 which was not claimed during the pendency of the Snake River Basin Adjudication (“SRBA”), and therefore was decreed disallowed. In the SRBA, the Edens alleged that the SRBA’s Final Unified Decree and the Closure Order should have been set aside as void because they did not receive sufficient notice of the SRBA proceedings to satisfy due process. Further, the Edens argued they were not personally served with the required notice of default pursuant to Idaho Rule of Civil Procedure 55(b)(2). Furthermore, the Edens claimed that unique and compelling circumstances justify relief from the final judgment under Idaho Rule of Civil Procedure 60(b)(6). The SRBA court disagreed and denied the Edens’ relief on any of these grounds. Finding no reversible error in the SRBA court's judgment, the Idaho Supreme Court affirmed. View "Eden v. Idaho" on Justia Law

Gregory Hull appealed a district court decision concerning the allocation of development costs he was required to share with Richard Giesler and Idaho Trust Deeds, LLC. This case was the second appeal arising from a series of oral and written agreements between the parties to exchange and subdivide property. Hull argued the district court erred by excluding testimony from his expert witness. Both parties requested an award of attorney fees on appeal. Finding no abuse of discretion in the district court’s decision to disallow the expert’s testimony, the Idaho Supreme Court affirmed. View "Hull v. Geisler" on Justia Law

Chad and Jane Barnes appealed a district court’s order granting summary judgment and dismissing their lawsuit against Kirk Jackson. In 2014, Barnes filed suit against Jackson seeking a declaration of forfeiture as to Jackson’s water right (“Jackson’s Right”). Barnes alleged that Jackson’s Right was unused for the five-year statutory period and was therefore forfeited. The district court explained that, under the resumption-of-use doctrine, statutory forfeiture is not effective if, after five years of nonuse, an appropriator resumes use prior to the assertion of a claim of right by a junior appropriator. The district court noted that Jackson had used the water as early as 2012, two years before Barnes purchased his property; therefore, Barnes was barred from asserting that he had relied upon Jackson’s unused water since 2012. The district court acknowledged Barnes’ related argument, that he was somehow connected to his predecessor in interest, and therefore could assert the predecessor’s claim of right. However, the district court noted that there was no statutory or legal basis for the position. The district court granted summary judgment in favor of Jackson. Finding no reversible error after review of the district court record, the Idaho Supreme Court affirmed. View "Barnes v. Jackson" on Justia Law

Lincoln Land Company, LLC (“Lincoln Land”) appealed a district court’s judgment which dismissed Lincoln Land’s complaint. LP Broadband cross-appeals the district court’s denial of LP Broadband’s motion for attorney fees. The dispute arose over LP Broadband’s placement and use of antenna equipment on the rooftop of a grain silo owned by Lincoln Land, but leased to General Mills. General Mills had allowed MicroServ Computer Technologies, Inc., (“MicroServ”) (which merged with LP Broadband in 2013) to utilize the rooftop space on the property since March 2000, in exchange for $50 per month. Lincoln Land subsequently purchased the grain silos and, in 2010, executed a lease agreement with General Mills, which specifically prohibited a sublease of the property without prior written consent from Lincoln Land. Notwithstanding the lease provision, General Mills continued to sublease the rooftop space to LP Broadband. Upon discovering that LP Broadband was using the rooftop space, Lincoln Land filed a complaint against LP Broadband for unjust enrichment. Therein, Lincoln Land argued that it had conferred a benefit to LP Broadband and that it would be inequitable for LP Broadband to retain such a benefit without compensating Lincoln Land. The district court dismissed the complaint after concluding that Lincoln Land failed to establish that it, not General Mills, had conferred the benefit to LP Broadband. Finding no reversible error in the district court judgment, the Idaho Supreme Court affirmed. View "Lincoln Land Co v. LP Broadband" on Justia Law

Galust Berian filled in a ditch on property owned by Yvette Sturgis. The ditch served property owned by Jade and Kylie Mortensen. The Mortensens sued Berian and Sturgis seeking damages and to have the ditch reopened. Berian counterclaimed for trespass. The district court ruled in favor of the Mortensons on their claim regarding the ditch and awarded the Mortensens damages for the cost of repairing the ditch. The district court also found in favor of Berian on his counterclaim for trespass but awarded only nominal damages. Berian and Sturgis appealed. Finding no reversible error, the Idaho Supreme Court affirmed. View "Mortensen v. Berian" on Justia Law

Appellants Ronald and Margaret Swafford challenged a district court’s grant of summary judgment in favor of Respondent Huntsman Springs, Inc. The action stemmed from the Swaffords’ claim that Huntsman Springs failed to comply with the Master Plan by essentially cutting off their property from the development. The district court granted summary judgment in favor of Huntsman Springs after concluding that all of the Swaffords’ claims were barred by the applicable statutes of limitations. It was uncontested that the improvements were completed in 2008. Without ruling upon whether Huntsman Springs misrepresented the development of the property at issue, the Idaho Supreme Court determined if Huntsman Springs misrepresented the development of the Property, the Swaffords could have discovered the misrepresentation when the improvements were completed in 2008. The Swaffords did not bring their misrepresentation action until July 17, 2015, which was nearly four years after the deadline. Finding no genuine issues of fact with respect to the time at which the Swaffords' causes of action accrued, the Supreme Court affirmed the district court's judgment. View "Swafford v. Huntsman Springs Inc" on Justia Law