Fitzpatrick v. Kent

Supreme Court of the State of Idaho · 2020 · Property

PropertyEasementseasementunity of titlecommon ownershipinvalid easementsummary judgmentnotice

Facts

The Fitzpatricks owned two adjacent lots and, while still owning both, executed and recorded an easement agreement stating that one lot would benefit from rights over part of the other lot. The Fitzpatrick Revocable Trust was both the grantor and grantee of that easement agreement. The Fitzpatricks later sold the burdened lot to the Kents, and a dispute arose after the parties disagreed about changes made to the easement area. The Fitzpatricks sued to quiet title based on the easement, while the Kents sought a declaration that the easement was void and unenforceable.

Issue

Whether a property owner may create a valid easement over one parcel for the benefit of another parcel when the same owner holds title to both parcels at the time of creation. Also, whether the later purchasers' notice of the recorded easement made the easement enforceable.

Rule

An easement is a right in the land of another, so a person cannot have an easement in his or her own land. When unity of title exists from the beginning, no easement is ever created, and later notice of the recorded instrument does not validate the otherwise void easement.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Spokane, Nora Bennett owned Lot 8 and the adjacent Lot 9. While still holding title to both parcels, she signed and recorded an instrument stating that Lot 8 had a perpetual driveway easement over the north ten feet of Lot 9, with Nora listed as both grantor and grantee; six months later, she sold Lot 9 to Caleb Morris.

If Nora sues Caleb to enforce the recorded driveway easement, which is the best answer?

Explanation. An easement is a right in the land of another, so a landowner cannot create an easement in her own land. Where unity of title exists from the outset, no easement ever comes into existence, and later severance of ownership does not validate the instrument. (Derived from Fitzpatrick v. Kent (n.d.).)