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· 10/27/1977

Gibbens v. Weisshaupt

Citations

  • 570 P.2d 870
  • 98 Idaho 633
  • 1977 Ida. LEXIS 438

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an increase in degree of use due to commercial activities and additional residences on the dominant tenement is an unreasonable expansion of prescriptive easement
  • holding an increase in degree of use due to commercial activities and additional residences on the dominant tenement is an unreasonable expansion
  • holding an increase in degree of use due to commercial activities and additional residences on the dominant tenement is an unreasonable expansion
  • “It would seem proper in this case to require” the dominant estate to construct and maintain the necessary gates
  • “[The] use cannot be so substantially altered or enlarged that the nature, character and burden thereof create a new and different servitude.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Donaldson, McFadden, Bistline, Shepard, Hagan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.