Mueller v. Hoblyn,

887 P.2d 500 (1994)

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Nature of the Case

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Facts

Engleman owned land and sold a parcel to REB. An easement was conveyed to REB to provide access to Yellowstone Road. That easement gave REB the right to use a private road to travel across the parcel which Engleman still owned. The easement was not described with particularity by the recorded instrument. In 1969, Engleman sold the rest of his land to Mueller. The instrument said that Mueller took subject to the REB easement. In 1979, REB sold a parcel of its land to Refior. That conveyance transferred all of REB's rights in the parcel including the right to use the easement. The instrument described with particularity the easement. Refiors then conveyed to Coffee under a warranty deed. In 1981, REB sold another parcel to Johnson, and this also included the easement rights described with particularity. In 1986, Johnson sold to Mueller. Both Coffee and Hoblyn had difficulty using the existing dirt driveway. In 1990, Coffee had the land surveyed and discovered that the dirt driveway did not correspond to the easement in the instruments. Both Coffee and Hoblyn requested use of the easement and Mueller refused; no one had used the easement, and he was using the land for agricultural crops and a water well. Hoblyn filed a quiet title action, and Mueller counterclaimed. The district court found that Mueller had drilled a well within the easement boundaries. This terminated a 200-foot section of the easement by adverse possession despite the fact that Mueller had never used the well for irrigation purposes. Everybody appealed.