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5 Idaho opinions name it 1 courts 2007–2025 1 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Coward v. Hadleygreen2 sentences2025See Coward, 150 Idaho at 287 , 246 P.3d at 396 (2010); see also RESTATEMENT (THIRD) OF PROPERTY (SERVITUDES) § 5.2 (AM. 2025See Coward, 150 Idaho at 287 , 246 P.3d at 396 (2010); see also RESTATEMENT (THIRD) OF PROPERTY (SERVITUDES) § 5.2 (AM. | 1 | 1 |
Tower Asset Sub Inc. v. Lawrencegreen2 sentences2012Because an express easement is an interest in real property, it “may only be created by a written instrument.” Tower Asset Sub Inc. v. Lawrence, 143 Idaho 710, 714 , 152 P.3d 581, 585 (2007) (citing Shultz v. Atkins, 97 Idaho 770, 773 , 554 P.2d 948, 951 (1976)). 2012Because an express easement is an interest in real property, it “may only be created by a written instrument.” Tower Asset Sub Inc. v. Lawrence, 143 Idaho 710, 714 , 152 P.3d 581, 585 (2007) (citing Shultz v. Atkins, 97 Idaho 770, 773 , 554 P.2d 948, 951 (1976)). | 1 | 1 |
Shultz v. Atkinsgreen2 sentences2012Because an express easement is an interest in real property, it “may only be created by a written instrument.” Tower Asset Sub Inc. v. Lawrence, 143 Idaho 710, 714 , 152 P.3d 581, 585 (2007) (citing Shultz v. Atkins, 97 Idaho 770, 773 , 554 P.2d 948, 951 (1976)). 2012Because an express easement is an interest in real property, it “may only be created by a written instrument.” Tower Asset Sub Inc. v. Lawrence, 143 Idaho 710, 714 , 152 P.3d 581, 585 (2007) (citing Shultz v. Atkins, 97 Idaho 770, 773 , 554 P.2d 948, 951 (1976)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Akers v. D.L. White Construction, Inc.
green
2 sentences2020“An express easement by reservation reserves to the grantor some new right in the property being conveyed; an express easement by exception operates by withholding title to a portion of the conveyed property.” Id. 2007"An express easement by reservation reserves to the grantor some new right in the property being conveyed; an express easement by exception operates by withholding title to a portion of the conveyed property." Akers, 142 Idaho at 301 , 127 P.3d at 204 . | 3 | 2007–2020 |
Jerry Machado v. Charles L. Ryan
green
1 sentence2025“An express easement by reservation reserves to the grantor some new right in the property being conveyed; an express easement by exception operates by withholding title to a portion of the conveyed property.” Id. (quotation marks and citation omitted). “[E]xpress easements are presumed to be appurtenant” and run with the land. | 1 | 2025–2025 |
C & G, INC. v. Rule
green
2 sentences2020In C & G, Inc. v. Rule, this Court had to decide whether certain deeds, each entitled “Right of Way Deed,” conveyed an easement or an interest in fee simple. 135 Idaho 763 , 767– 77, 25 P.3d 76 , 80–81 (2001). 2020In C & G, Inc. v. Rule, this Court had to decide whether certain deeds, each entitled “Right of Way Deed,” conveyed an easement or an interest in fee simple. 135 Idaho 763 , 767– 77, 25 P.3d 76 , 80–81 (2001). | 1 | 2020–2020 |