477 P.3d 193
Idaho2020Background:
- In 1978 the Nichols divided a tract into five parcels; Parcel 1 (now Smiths) and Parcel 2 (now Owens) were described by an unrecorded 1978 survey.
- Parcel 2 passed via warranty deed (1979) to David Nichols and later to the Owens by bankruptcy trustee deed (2008) conveyed "as is"; Owens purchased an ALTA extended title policy referencing the 1978 description.
- Parcel 1 was conveyed through the chain to the Dureau trust and sold to the Smiths in 2018; as a purchase condition the Smiths obtained a Trevor Reno (Desert West) survey (2018) that relocated a 1/16th corner and produced a new legal description.
- After the 2018 survey the Smiths marked and then erected a fence along the new line; Owens disputed the change, had posted "No Trespassing" signs and asserted long‑standing use up to an irrigation berm (garden, grape patch, etc.).
- The district court granted Smiths’ summary judgment: Owens had no right, title, or interest in land described in Smiths’ deed; Smiths were bona fide purchasers; a permanent easement was recognized for an irrigation pipeline; Owens’ trespass/conversion claims were dismissed.
- The Owens appealed; the Idaho Supreme Court affirmed the judgment and awarded attorney fees and costs to the Smiths on appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Boundary / summary judgment | Owens: 2018 survey is wrong; 1978 description and decades of use (garden, grape patch, berm) establish ownership or boundary by agreement | Smiths: 2018 survey (confirmed by 2019 survey) is correct; Smiths recorded first deed with new legal description and had no notice of claims | Court: Affirmed summary judgment for Smiths — Owens offered no admissible expert/survey evidence; acquiescence/boundary‑by‑agreement not shown; Smiths bona fide purchasers |
| Easement / irrigation pipeline | Owens: Easement granted to MID or prior owners did not deprive Owens of rights; easement to Smiths not established | Smiths: Irrigation pipeline/pump was in place and used to serve Parcel 1 before Owens bought Parcel 2; easement passed with division and use | Court: Granted permanent easement to Smiths for buried irrigation pipeline; use predated Owens and easement passed with transfers |
| Conversion / taking of personal property and trespass | Owens: Smiths’ fence removed 90–95% of personal property; trespass; damages | Smiths: Owens produced only conclusory assertions without corroborating evidence tying Smiths to loss | Court: Dismissed these claims — plaintiffs failed to present admissible evidence raising genuine issue |
| Attorney fees, pending motions, and bias | Owens: Fees improper; motions for injunctive/punitive relief were not ruled on; alleged judicial bias | Smiths: Litigation was pursued frivolously and increased costs; summary judgment resolved pending motions; no timely disqualification of judge | Held: Fees awarded to Smiths under I.C. §12‑121; pending motions rendered moot; bias claim not considered (no disqualification motion and no record support) |
Key Cases Cited
- Trumble v. Farm Bureau Mut. Ins. Co. of Idaho, 166 Idaho 132 (2019) (summ. judgment standard and appellate review guidance)
- La Bella Vita, LLC v. Shuler, 158 Idaho 799 (2015) (summary judgment principles)
- Cecil v. Gagnebin, 146 Idaho 714 (2009) (elements for boundary by agreement/acquiescence)
- Cox v. Clanton, 137 Idaho 492 (2002) (fence/visible demarcation insufficient absent agreement)
- Benz v. D.L. Evans Bank, 152 Idaho 215 (2012) ("good faith" purchaser definition and priority of recorded conveyances)
- Holdaway v. Broulim’s Supermarket, 158 Idaho 606 (2015) (requiring admissible expert evidence, not lay opinion, for technical matters)
- Gordon v. U.S. Bank Nat’l Ass’n, 166 Idaho 105 (2019) (conclusory allegations insufficient to create genuine factual issue)