John M. Hoch v. Rob Vance

315 P.3d 824, 155 Idaho 636, 2013 WL 6516405, 2013 Ida. LEXIS 355
CourtIdaho Supreme Court
DecidedDecember 13, 2013
Docket39788
StatusPublished
Cited by6 cases

This text of 315 P.3d 824 (John M. Hoch v. Rob Vance) 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
John M. Hoch v. Rob Vance, 315 P.3d 824, 155 Idaho 636, 2013 WL 6516405, 2013 Ida. LEXIS 355 (Idaho 2013).

Opinion

BURDICK, Chief Justice.

Rob and Becky Vance appeal from the Nez Perce County district court’s order granting partial summary judgment to John and Carole Hoch. Specifically, the Vances are appealing the district court’s decision that the Hoehs’ warranty deed granted them an easement over the “upper road.” Alternatively, the Vances argue that the district court erred in finding that the warranty deed was unambiguous. We affirm the district court’s decision.

I. FACTUAL AND PROCEDURAL BACKGROUND

Jack Cridlebaugh bought 90 acres of land at Waha in Nez Perce County, which he subdivided into several parcels. He sold 20 acres to Rob and Becky Vance on October 12, 2000, 40 acres to Jake and Audrey Sweet on October 10, 2001, and 20 acres to John and Carol Hoch on March 26, 2002. He retained ten acres for himself.

Cridlebaugh testified that when he bought the original 90 acres, there were two access easements to it from Stagecoach Road, an upper one and a lower one. The route of the upper road, at a minimum, goes from the ten acres Cridlebaugh retained across the Sweets’ property and a corner of the Vances’ property before reaching the Hoehs’ property where it intersects with the lower road. He testified that he had both roads bladed to make them passable by a pickup in 1997 or 1998.

Cridlebaugh conveyed his interests to the Vances, the Sweets, and the Hoehs by warranty deeds. Each of the warranty deeds contained a number of provisions concerning easements. The Vances’ deed contained the following easement provisions relevant to this case:

TOGETHER WITH all easements for ingress and egress running from the public right-of-way to the above described real property which are appurtenances to said real property.
RESERVING UNTO THE GRANTOR, his heirs and assigns, all easements for ingress and egress running from public right-of-way to the above described real property which are appurtenances to said real property, together with an easement over and across all roadways presently existing on the property herein conveyed.

The Sweets’ deed contained the following easement provisions relevant to this case:

TOGETHER WITH AND SUBJECT TO an easement for ingress and egress over and across existing roads located on the following described property: The East Half of the Northwest Quarter and Northwest Quarter of the Southwest Quarter of the Northeast Quarter all located in Section 22, Township 33 North, Range 4 West of the Boise Meridian, the Grantor reserving for himself, his heirs and assigns, said easements.
RESERVING UNTO THE GRANTOR, his heirs and assigns, all easements for ingress and egress running from public right-of-way to the above described real property which are appurtenances to said real property, together with an easement over and across all roadways presently existing on the property herein conveyed.

The parties agree that the language of this first provision of the Sweet Deed created an easement over the upper road. The reservation language of the second easement provision of the Sweet Deed is the same as the reservation language in the Vance Deed. Cridlebaugh testified that he reserved an easement over the upper road in the Sweet Deed so that he could access the property he eventually sold to the Hoehs from the ten acres *638 he retained. At oral argument, the parties agreed that that was what he had done.

The Hochs’ deed contained a number of provisions regarding easements, two of which are relevant to this case:

5) Easement for the purpose of ingress and egress and rights incidental thereto as set forth in a document recorded October 16, 2000 as Instrument No. 657867 [Vance Deed], records of Nez Perce County, Idaho.
6) Easement for the purpose of ingress and egress and rights incidental thereto as reserved in a Warranty Deed recorded October 10, 2001 as Instrument No. 668025 [Sweet Deed], records of Nez Perce County, Idaho.

Sometime in 2004, the Hochs began building a house on their property. With the consent of the Vances and the Sweets, they used the upper road to facilitate the construction logistics. In November 2007, the Vances notified the Hochs that “access to your home across our road and property will terminate as soon as your road is completed, and under no circumstances later than June 30, 2008.” Since then, the Vances have obstructed access to the Hochs’ home by way of the upper road, leading the Hochs to file a complaint alleging that the Sweets and the Vances wrongfully obstructed access to their easement over the upper road.

On October 21, 2009, the Hochs filed a summary judgment motion that was heard by District Judge John Bradbury, who retired before the case’s conclusion. Judge Bradbury granted this motion for summary judgment in part, finding that the language in the relevant deeds contained unambiguous language granting an appurtenant easement on the upper road. Specifically, the district court found that Cridlebaugh reserved to himself an access easement over the upper road, which he then granted to the Hochs in their deed.

This is the decision that the Vances are now appealing. The Memorandum Decision granting partial summary judgment did not address the precise route or scope of the Hochs’ easement. That issue was left to be decided at a bench trial before District Judge Jeff Brudie. At trial, the district court concluded that the upper road includes the section of Buckboard Lane that crosses the Vances’ property.

A final judgment was entered on July 9, 2012. The judgment stated that the Hochs held an easement by way of warranty deed from Cridlebaugh for ingress and egress over the upper road. The Vances filed a timely notice of appeal.

II. STANDARD OF REVIEW

In reviewing grants of summary judgment, this Court uses the same standard as the district court. Marek v. Lawrence, 153 Idaho 50, 53, 278 P.3d 920, 923 (2012). Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” I.R.C.P. 56(c). This Court exercises free review in determining whether a genuine issue of material fact exists and whether the prevailing party was entitled to judgment as a matter of law. Ida-Therm, LLC v. Bedrock Geothermal, LLC, 154 Idaho 6, 8, 293 P.3d 630, 632 (2012). Whether a deed is ambiguous is a question of law, over which this Court exercises free review. Id.

III. ANALYSIS

The Vances argue that the district court misconstrued the warranty deeds and easements Cridlebaugh conveyed to the Vances, the Sweets, and the Hochs when it held that the Hochs possessed an easement over the upper road. The Hochs argue that the district court correctly found that the language in the deeds clearly transferred Cridlebaugh’s reserved easement over the upper road to the Hochs.

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Cite This Page — Counsel Stack

Bluebook (online)
315 P.3d 824, 155 Idaho 636, 2013 WL 6516405, 2013 Ida. LEXIS 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-m-hoch-v-rob-vance-idaho-2013.