(Download) "Kenneth W. Haessly and Janet Haessly v." by Supreme Court of Idaho No. 17888 # Book PDF Kindle ePub Free
eBook details
- Title: Kenneth W. Haessly and Janet Haessly v.
- Author : Supreme Court of Idaho No. 17888
- Release Date : January 31, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This action arises out of an in-court oral stipulation between Safeco Insurance, the Haesslys, and a third party, the Shankles.
Safeco's predecessor-in-interest had issued a policy of title insurance for the property owned by the Shankles. Upon finding
that no legal easement existed for access to their property, the Shankles sued Safeco for damages alleging that Safeco had
insured their legal right to an easement for access to their property. Safeco joined the Haesslys, and also others, as counter
and cross-defendants alleging that Safeco could exercise the power of eminent domain to obtain an easement for access from
the Shankles' property to Highway 95 across the property owned by the Haesslys. The Shankles moved to sever their claim against Safeco from Safeco's claims against the various third-party defendants. The
Shankles' motion was granted and the Shankle v. Safeco action proceeded "as a separate suit." After trial had begun on the
Shankle v. Safeco matter, the parties entered into an oral stipulation. Safeco agreed to purchase an easement for access to
Highway 95 from the Shankles' property over the Haesslys' property for $15,000 and then Safeco would pay for the construction
of a road across the easement. This stipulation was entered into the court record, but a written stipulation was never entered
into by the parties and no judgment on this stipulation was entered.