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WEST v. BOWEN

No. 21206.

898 P.2d 59 (1995)

127 Idaho 128

Lester WEST and Erlene E. West, Plaintiffs-Appellants, v. Thomas M. BOWEN and Patricia A. Bowen, Defendants-Respondents. Patricia A. BOWEN, in her individual capacity and as successor in interest to Thomas M. Bowen, Third Party Plaintiff, v. Edward I. ROBERTSON and Inez S. Robertson, individually and in their capacity as trustees of the Edward I. Robertson and Inez S. Robertson Family Trust, and the Edward I. Robertson and Inez S. Robertson Family Trust, Third Party Defendants.

Supreme Court of Idaho, Lewiston, April 1995 Term.

June 29, 1995.

Attorney(s) appearing for the Case

Dennis L. Albers, Grangeville, for appellants.

David R. Risley, Lewiston, for respondents.

JOHNSON, Justice.

This is an easement case. We conclude that an easement for non-exclusive use of an airport exists because (1) an escrow agreement containing the easement was recorded prior to a deed describing property which the easement restricts, and (2) the doctrine of merger is inapplicable under the facts of this case.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

On March 30, 1989, Edward and Inez Robertson (the Robertsons) sold Lester...

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