Benninger v. Derifield

179 P.3d 336, 145 Idaho 373, 2008 Ida. LEXIS 30
CourtIdaho Supreme Court
DecidedFebruary 19, 2008
DocketNo. 33408
StatusPublished
Cited by1 cases

This text of 179 P.3d 336 (Benninger v. Derifield) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benninger v. Derifield, 179 P.3d 336, 145 Idaho 373, 2008 Ida. LEXIS 30 (Idaho 2008).

Opinion

BURDICK, Justice.

This case concerns the scope of a prescriptive easement. Appellants appeal from the district court’s determination of the scope and argue the declared scope of the easement exceeds its historical use. We affirm the district court.

[375]*375I.FACTUAL AND PROCEDURAL BACKGROUND

In 2002 Respondents Joseph and Edith Benninger (the Benningers) fled a complaint against Appellants Thomas Derifíeld and Julie Freed (collectively Derifíeld) to quiet title to their alleged easement rights over Derifield’s property. The district court concluded the Benningers had a twelve foot wide express easement over Derifield’s property. This Court reversed the district court’s decision and held there was no express easement but that the Benningers did have a prescriptive easement; we remanded to determine the scope of the prescriptive easement. Benninger v. Derifield, 142 Idaho 486, 490-91, 129 P.3d 1235, 1239-40 (2006).

The facts underlying the easement claim were set forth in the initial appeal:

The Benningers purchased Lot 3 of Garfield Bay Addition No. 2, in Bonner County in 1967 and built their home on Lot 3. Derifíeld purchased Lots 4 and 5 which are adjacent to the Benninger property in 2000. Derifield’s home is located on Lot 4. A driveway which crosses the Derifíeld property and ends on the Benninger property provides the only road access for the Benningers to West Garfield Bay Road, a county road. The driveway has been in existence and use from before the time that both parties bought their properties.

Id. at 488,129 P.3d at 1237. Additionally, as set out by the district court:

The driveway leaves West Garfield Bay Road heading in a southwesterly direction along the lower portions of Lots 3, 4, and 5; then turns in a hair-pin fashion on Lot 5 and crosses back across Lots 5 and 4 heading north and parallel to West Garfield Bay Road; and continues to Lot 3.

After purchasing the property, Derifíeld made improvements to the driveway including lessening the grade, widening the turn, and changing the location of the driveway.

Upon remand, based on the evidence offered during the original trial, the district court determined the historical scope of the easement was twelve and one-half feet wide as to the lower portion (West Garfield Bay Road to the turn), wide enough for a large vehicle to drive around the turn, and twenty feet wide as to the upper portion (the turn to the Benningers’ lot). Derifíeld appealed.

II.STANDARD OF REVIEW

A trial court’s factual findings will be set aside only if they are clearly erroneous. Lovitt v. Robideaux, 139 Idaho 322, 325, 78 P.3d 389, 392 (2003) (citing I.R.C.P. 52(a)). Findings of fact are not clearly erroneous when they are supported by substantial and competent evidence. Id. “Evidence is substantial and competent if a reasonable trier of fact would accept it and rely on it.” Id. Findings based on substantial and competent evidence will not be overturned on appeal even in the face of conflicting evidence. Benninger, 142 Idaho at 489, 129 P.3d at 1238. “It is the province of the district judge acting as trier of fact to weigh conflicting evidence and testimony and to judge the credibility of the witnesses.” Id.

This Court freely reviews questions of law. Id.

III.ANALYSIS

Derifíeld asserts the district court should be reversed as to its finding of the width of the easement in that the district court did not limit the width to the portion occupied by a single vehicle, that the width is incorrect as to the lower portion, and that the width is incorrect as to the upper portion. The Benningers assert the district court’s conclusions are based on substantial and competent evidence in the record and that they are entitled to an award of attorney fees on appeal. We will address each issue in turn.

A. Scope of the Easement

The determination of the dimensions of an easement will not be reversed if it is supported by substantial and competent evidence. See Gibbens v. Weisshaupt, 98 Idaho 633, 638, 570 P.2d 870, 875 (1977). Recognizing that “[prescription acts a penalty against a landowner[,]” this Court has stated prescriptive rights “should be closely scrutinized and limited by the courts.” Id. The scope of a prescriptive easement is fixed [376]*376by the use made during the prescriptive period. Elder v. Northwest Timber Co., 101 Idaho 356, 359, 613 P.2d 367, 370 (1980); Gibbens, 98 Idaho at 638, 570 P.2d at 875 (quoting Bartholomew v. Staheli 86 Cal. App.2d 844,195 P.2d 824, 829 (1948)).

On remand, the district court concluded:

The driveway easement is determined and declared to be at least twelve and one-half feet (12]é) wide from the county road to the turn, that the turn is determined and declared to be wide enough for a large vehicle to drive around and that the final portion of the driveway easement leading to the Benninger’s property is determined and declared to be twenty (20) feet wide commencing at the top portion of the Benninger’s property from the tree on the corner of the Benninger’s property to the corner of Derifield’s building. These measurements shall include the traveled portion of the easement driveway as well as the side portions of the easement driveway.1

As to the pronouncement of the easement in general, Derifield argues that the district court improperly considered the “side portions of the easement driveway” when declaring the measurements of the easement. However, this Court has never said the scope of a right of way prescriptive easement is limited to the exact width of the car using the easement. Moreover, even Derifield acknowledges that a reasonable width would include room for the vehicle “plus some additional area on the sides.”

Similarly, Derifield asserts the scope of the prescriptive easement should accommodate only one ear and should not include the space needed by concrete trucks, well-drilling rigs, or construction equipment. However, the evidence presented during the trial shows that large vehicles used the driveway during the prescriptive period. Joseph Benninger testified that the driveway was in existence at the time he purchased the property, that he used it to haul boards with pickups, to provide access to a concrete truck and other service trucks, including those necessary to build a roof over their deck and to drill and service their well, and that he used it to provide access to a lumber truck. Thus, there is substantial and competent evidence to support the finding that the scope of the easement is wide enough to accommodate large vehicles.2 We must next determine whether the width of the easement as to the lower and upper portion of the driveway is based on substantial and competent evidence in the record.

B. Lower Portion

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Bluebook (online)
179 P.3d 336, 145 Idaho 373, 2008 Ida. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benninger-v-derifield-idaho-2008.