Millard v. Talburt

Summary

The Idaho Supreme Court affirmed judgments recognizing the Millards' roadway and well easement rights, rejecting the Talburts' attempted relocation of the roadway easement and requiring removal of the fence. The court held that the segregation plat was not a conveyance of an estate in real property subject to the statutory grantee-identification requirement, and that the parties were equally responsible for maintaining the shared well. The court also upheld a partial attorney-fee award below and awarded the Millards partial fees on appeal. No separate opinions were filed.