(DOWNLOAD) "Boydstun Beach Association v. Wayne F." by Court of Appeals of Idaho No. 16001 # eBook PDF Kindle ePub Free
eBook details
- Title: Boydstun Beach Association v. Wayne F.
- Author : Court of Appeals of Idaho No. 16001
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This is a dispute between persons claiming rights to an easement located on the shore of Big Payette Lake and the owners of the servient estate. The easement provides access to the lake, along with boating, bathing and parking privileges. The easement users sued to force the landowner to remove obstructions on the easement. The owner built a house close to the easement area, and a landscaped lawn on the easement. The district Judge ruled that the improvements could remain and issued extensive regulations governing the use of the easement. From this decision the easement owners, represented by the Boydstun Beach Association, appeal. Wayne and Shirley Allen, the owners of the beach front lot burdened by the easement, have cross-appealed. They contend that the district court erred in giving easement rights to all present and future owners and lessees of property within a certain thirty acre tract. This was the result of the court's ruling that the easement was appurtenant to the thirty acre tract as well as to a six acre tract. We affirm in part, reverse in part and remand. The Association attacks the rules and regulations in the plan as being beyond the district court's authority. Other issues raised are that the court erred in (1) failing to order the Allens to remove the obstructions and failing to enjoin further obstruction; (2) in treating the easement as a nuisance in preparing the plan, and thus modifying the easement; (3) in ruling that the easement users would not be permitted to park on the Allen lot; and (4) in requiring the Association to move its dock.
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