Nelson v. Johnson,

106 Idaho 385 (1984)

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Nature of the Case

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Facts

Land was split in two in 1956 and sold to Hess by Wake. The contract contained the clause printed on page 414 Rabin 4th that allowed Wake to use the water in the Butler Springs and gave an easement for access to the Springs. Hess sold to Johnson (D) under a contract that provided that D would have uninterrupted possession of the property except for a contract that gave permissive use to Wake. A deed reflecting this permissive use was executed and recorded in 1964 eight years after the sale from Hesse to D. Wake used the road and Springs until they sold their farm in 1964 with an express grant to the Springs. The property was eventually purchased by Nelson (P) in 1973, and a warranty deed was eventually recorded in April 1979. D then revoked the permission to use the road and Springs. P filed a complaint. The court gave the verdict to P holding that the easement reserved in the 1956 Wake-Hess contract was appurtenant to the ranch. D appealed.