Melendez v. Hintz
Idaho Court of Appeals
724 P.2d 137 (1986)
- Written by Sean Carroll, JD
Facts
In 1963, the predecessor in interest of Michael and Kathryn Melendez built a house and began using a driveway that crossed over Lot 16, a neighboring property. The owner of Lot 16 also used one part of the driveway, but the Melendezes’ predecessor in interest also built an additional portion of driveway that began in Lot 16 and branched off into the Melendezes’ property. The Lot 16 owner did not use this new portion of driveway. In 1981, James Hintz (defendant) bought Lot 16. In 1982, the Melendezes (plaintiffs) bought their lot and continued using both parts of the driveway. In 1983, Hintz blocked the driveway to prevent the Melendezes’ continued use. The Melendezes brought suit, claiming that they had obtained a prescriptive easement over the driveway. The trial court ruled in favor of the Melendezes. Hintz appealed.
Rule of Law
Issue
Holding and Reasoning (Swanstrom, J.)
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