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Keywords

trialeasement

Related Cases

Abbott v. Nampa School Dist. No. 131, 119 Idaho 544, 808 P.2d 1289, 67 Ed. Law Rep. 296

Facts

Dan and Joanne Abbott own a five-acre parcel of land in Canyon County, which is burdened by an irrigation ditch easement granted to the Nampa–Meridian Irrigation District. The Nampa School District, which owns property across from the Abbotts, entered into a license agreement with the irrigation district to relocate the irrigation ditch into an underground pipe and construct a concrete inlet structure and safety screen on the Abbotts' property. The Abbotts opposed this construction, claiming it exceeded the scope of the easement and constituted an unreasonable increase in the burden on their property.

The record clearly reflects that the modifications to the Savage Lateral made by the School District, including placement of the inlet structure and safety screen, were contained entirely within the boundaries of the irrigation district's easement and were located within the actual ditch on Abbotts' property.

Issue

Whether the Nampa School District had the right to construct a concrete inlet structure and safety screen on the Abbotts' property under a license agreement with the irrigation district without the Abbotts' consent.

Whether the Nampa School District had the right to enter Abbotts' property and construct the concrete collar and safety screen.

Rule

A third party may obtain a license from an easement holder to use the easement without notice to and consent from the servient estate owner, provided that the use is consistent with the easement and does not unreasonably increase the burden on the servient estate.

A third party may obtain a license from an easement holder to use the easement without the notice to and consent from the servient estate owner so long as, and expressly provided that, the use of the easement is consistent with and does not unreasonably increase the burden to the servient estate.

Analysis

The court found that the modifications made by the school district, including the construction of the concrete inlet structure and safety screen, were within the boundaries of the irrigation district's easement and did not constitute an unreasonable increase in the burden on the Abbotts' property. The trial court determined that the improvements were standard practices in irrigation and did not enlarge the use of the easement.

The trial court expressly found that the School District's use of the Irrigation District's easement on Abbotts' property was consistent with the Irrigation District's easement and that there was no enlargement of the easement.

Conclusion

The Supreme Court affirmed in part and reversed in part, holding that the school district's use of the easement was permissible and did not unreasonably increase the burden on the Abbotts' property.

The trial court found that Abbotts had brought and pursued this action frivolously and without basis. We disagree.

Who won?

Nampa School District No. 131 prevailed in the case because the court found that their modifications to the irrigation ditch were consistent with the easement and did not unreasonably increase the burden on the Abbotts' property.

The trial court found that the 'purpose of the license agreement is to protect the Irrigation District's right to absolutely control any modification or alteration of the Irrigation District's lateral ditch.'

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