Belstler v. Sheler
151 Idaho 819
Idaho2011Background
- Disputed roadways (upper and lower easements) cross Belstler property for Conines' access.
- Sanders created Chandler Lane and an Easement Agreement in 1988 granting easements to Merwin (Conines' predecessor).
- Sanders-Henry Deed (1989) stated it was subject to easements of record and ingress/egress; it later conveyed to Henry and then to Belstlers.
- Conines purchased their property in 1998 and used both roads to access their land; Belstlers locked the lower road and sought to relocate the easement.
- District court (Michaud) initially held express easements existed for both roads and that a prescriptive easement existed for the upper road; relocation relief under I.C. § 55-313 was addressed; on reconsideration, Haynes held no express easements but upheld prescriptive for the upper road.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Merger of Easement Agreement with Sanders-Henry Deed | Merger not required; Easement Agreement collateral to sale. | Merger doctrine applies; easement merged with deed. | Merger not required; express easements exist. |
| Existence of express easements in the record | Record includes Easement Agreement and Sanders-Henry Deed creating express easements benefiting Conines. | Easement Agreement not merged; may not create express easement. | District court correctly found express easements on the Belstler property. |
| Relocation of easement under I.C. § 55-313 | Relocation allowed if no injury; relocation issue tried by consent. | Relocation within statute must avoid injury; evidence shows injury if moved. | District court had jurisdiction; relocation would injure Conines; injunction upheld. |
| Costs and attorney fees on appeal | Conines prevailed on some issues; fees should follow prevailing party. | No frivolous pursuit; both sides substantially prevailed; no fees on appeal. | Costs awarded to Conines; no attorney fees on appeal. |
Key Cases Cited
- Jolley v. Idaho Sec., Inc., 90 Idaho 373 (1966) (merger and collateral stipulations in real estate contracts)
- Fuller v. Callister, 150 Idaho 848 (2011) (merger exception for collateral stipulations in deeds)
- Hughes v. Fisher, 142 Idaho 474 (2006) (implied consent to try unpleaded issue under Rule 15(b))
- Bybee v. Isaac, 145 Idaho 251 (2008) (abuse of discretion review for costs decisions)
- Castorena v. General Elec., 149 Idaho 609 (2010) (free review on questions of law; standard of review)
- Walker v. Hollinger, 132 Idaho 172 (1998) (prescriptive easement considerations; statutory period)