Regan v. OwenAnnotate this Case
The Idaho Supreme Court addressed the issue of whether a prescriptive easement across a parcel of land was extinguished by operation of former Idaho Code section 63-10091 when that parcel was sold by tax deed. The Owens purchased a small parcel of land (“the Orphan Parcel”) from Kootenai County after a tax sale. A dispute arose as to whether the Regans had the right to drive across the parcel. The Regans sued the Owens to reform the tax deed to include an express easement and to establish a prescriptive easement. The district court granted summary judgment in favor of the Regans, finding the Owens’ deed contained a mutual mistake and should be reformed to reflect an express easement that the original grantors intended. The Owens appealed and the Supreme Court held that the deed should not be reformed, vacated a portion of the district court’s judgment, and remanded for further proceedings. On remand, the district court granted summary judgment in favor of the Owens, finding that any prescriptive easement was extinguished by Idaho Code section 63-1009. The Regans appealed, but shortly after filing, the Idaho Legislature amended Idaho Code section 63-1009. The new version of 63-1009 did not apply retroactively, and the Supreme Court determined the trial court was correct in finding any prescriptive easement was extinguished by the old law.