Idaho Law Blog
In Idaho, an easement that has been expressly granted in a written document cannot be abandoned or forfeited simply through non-use of the easement. See Kolouch v. Kramer, 120 Idaho 65, 67, 813 P.2d 876, 878 (1991). For written easements, abandonment requires the easement holder to act in a clear, voluntary, unequivocal, and decisive manner to shows a present intent to abandon the easement. See O’Brien v. Best, 68 Idaho 348, 357, 194 P.2d 608, 613 (1948).
To date, no published Idaho court decision addresses whether prescriptive easements, which are acquired by using property without a written document, likewise cannot be abandoned or forfeited through non-use alone. Most states require affirmative action to abandon both written and prescriptive easements. However, some states recognize abandonment through non-use alone if the non-use lasts for the prescriptive period (the time it takes to establish a prescriptive easement). See, e.g., Chevy Chase Land Co. v. United States, 355 Md. 110, 160 n.8, 733 A.2d 1055, 1082 (1999). If applied in Idaho, this would mean that a prescriptive easement may be considered abandonment after twenty years of non-use. See Idaho Code § 5-203.
If you have questions about a property in Idaho that is potentially burdened by an easement, contact a real estate attorney at Racine Olson.