Cooper v. Boise Church of Christ
Supreme Court of Idaho
524 P.2d 173 (Id. 1974)
The Adamses, who held property under an escrowed installment sale contract, executed a document purporting to grant the Boise Church of Christ (defendant) an easement to erect a sign in exchange for one dollar; the property was later conveyed to Betty Cooper (plaintiff), who sued to remove the sign, and the trial court found the Church had no protectable property interest and could not maintain the sign without Cooper's consent. The Church appealed, arguing it held an easement or, alternatively, a prescriptive easement or irrevocable license by estoppel.
Whether, when a written agreement states that it conveys an easement, but the parties intended to convey a license, the agreement conveyed a license rather than an easement.