Joe Pin



Date: __________


County Recorder

________ County





Dear Sir/Madam,


This letter refers to my formal request to your office to confirm and reinforce an easement that I am entitled to.


25 years ago, my neighbor (a married couple) made repeated statements granting an enjoyment easement to my family and my posterity. The statements were made in the presence of witnesses. An easement by prescription under Idaho law was therefore created.


I have satisfied the five-prong test for an easement by prescription. See Lemhi County v. Moulton, 163 Idaho 404, 408 (2018). First, my family used the land over which the easement was created in an open and notorious way. The neighbor themselves gave the consent allowing us the easement. Next, the use has been continuous and uninterrupted. For 25 years, we have been enjoying the easement. Our use of the property has been adverse and under claim of right. Further, we enjoyed the easement with the actual or imputed knowledge of the owner of the servient tenement.


Consequently, the husband died five years ago. Since the husband’s death, the wife has told me she may sell property and claims the easement was never given.


I am therefore requesting your office to confirm and reinforce the easement.






Joe Pin


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