One of our neighbors who shares a platted Ingress / Egress Easement that crosses a number or adjacent property owners land refuses to accept any normal road building practices common to building mountain logging roads or the least cost methods that are necessary to direct snow melt / ground water runoff of and away from the road surface. He is adamantly opposed to Bar Ditches running parallel to the road and to the use of a 'French Drain' to handle year long ground / surface water runoff across the road under it's surface in 'boggy areas'. He is so opposed to a French Drain that, on a number of occasions wherein neighbors constructed a french drain under the road, (not on his property), that he has 'deconstructed' the drain and backfilled it with road dirt.
On a 60' wide portion of the platted easement that lies entirely within his property along his Southern property line, he claims absolute right to decide on and, approve of, any improvements. In addition, he claims that all of the materials (dirt and rocks) that lie naturally within the easement are his property solely for his personal use and not for any road improvements.
Is there an Idaho "Easement Law' of any document(s) that delineate what can and cannot be done to improve the dirveability of a road that is relied on for ingress & egress all year long. Specifically, who 'ownes' the natural rocks and dirt that lie within a Platted Easement and may those materials be removed from the easement for use by the property owner across whose property the Easement is platted ?
Thank you,
George C. Koppmann
635 lightning Peak Rd.
off Rapid Lightning RoadSandpoint, ID 83864
208-597-3859
