Baker v. KAL, LLC, 415 P.3d 939

Timber-Land-AG, LLC (Timberland) owned adjacent Tracts 7–10 and in 1999 conveyed Tracts 7 and 8 to the Melendrerases by warranty deed that included Exhibit B describing a 60-foot Ingress, Egress and Utilities Easement (Alexanna Lane).
Exhibit B described Alexanna Lane in its entirety, including portions crossing land Timberland still owned (Tracts 9 and 10), producing ambiguous language about what was reserved vs. granted.
Timberland later sold Tract 9 (2002) to KAL and Tract 10 (2003) to the Stadlers; Tract 8 was conveyed to Baker in 2014; Melendrerases retained Tract 7.
Baker sued to quiet title to confirm an easement over Alexanna Lane across KAL’s property; Baker moved for summary judgment arguing multiple theories (express easement, implied easement, easement by necessity, prescriptive easement, statutory transfer).
The district court granted summary judgment to Baker, concluding the 1999 deed was ambiguous and that Timberland intended to grant an express easement across Tracts 5, 6, 11, 10, and 9 (including Alexanna Lane) to access Tract 8; other theories remained fact issues. KAL appealed.
The Idaho Supreme Court affirmed: deed was ambiguous, district court properly considered extrinsic evidence and reasonably inferred Timberland intended to grant the express easement; Baker awarded costs but not attorney fees on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 1999 deed created an express easement over Alexanna Lane	Baker: Exhibit B and deed language created an express easement granting access across Alexanna Lane to Tract 8	KAL: Language merely reserved easements to Timberland and did not grant an easement across land Timberland still owned; deed unambiguous	Court: Deed ambiguous; district court properly construed ambiguity with extrinsic evidence and found intent to grant express easement — affirmed
Whether the district court impermissibly added terms to the deed	Baker: court interpreted ambiguity to effect parties’ intent	KAL: court inserted new easement terms not in deed	Court: Interpretation resolved ambiguity based on record; did not err in inferring intent from extrinsic evidence
Whether summary judgment was improper given factual disputes about other easement theories	KAL: factual disputes exist on implied easement, necessity, prescription, statutory transfer	Baker: express easement resolved access; other theories unnecessary	Court: Affirmed express-easement ruling; left other theories as factual issues at trial (district court had found disputes)
Entitlement to attorney fees on appeal under I.C. § 12-121	Baker: requests fees as prevailing party	KAL: appeal was reasonable	Court: Appeal was not frivolous or unreasonable; deny attorney fees; award costs to Baker

Shultz v. Atkins, 97 Idaho 770 (1976) (express easement must be created by a written instrument)
Hodgins v. Sales, 139 Idaho 225 (2003) (easement must identify servient land and show intent)
Nw. Pipeline Corp. v. Forrest Weaver Farm, 103 Idaho 180 (1982) (requirements for easement creation)
Capstar Radio Operating Co. v. Lawrence, 143 Idaho 704 (2007) (writing must show intent to establish servitude)
Machado v. Ryan, 153 Idaho 212 (2012) (interpretation seeks parties’ real intentions)
Ida–Therm, LLC v. Bedrock Geothermal, LLC, 154 Idaho 6 (2012) (ambiguity in deed is a question of law; interpretation of unambiguous deeds is reviewed de novo)
Porter v. Bassett, 146 Idaho 399 (2008) (parol evidence admissible when deed ambiguous)
Benninger v. Derifield, 142 Idaho 486 (2006) (treat uncertainties as ambiguities to be resolved by intent and circumstances)
Hoch v. Vance, 155 Idaho 636 (2013) (deed must be read as a whole to determine ambiguity)
Kolouch v. Kramer, 120 Idaho 65 (1991) (reasonableness of easement use generally a question of fact for trial)
Anderson v. Goodliffe, 140 Idaho 446 (2004) (prevailing party may receive attorney fees on appeal under I.C. § 12-121 when action was frivolous or unreasonable)
Thornton v. Pandrea, 161 Idaho 301 (2016) (standards for awarding fees under I.C. § 12-121)