Melendez v. Hintz
Idaho Court of Appeals
724 P.2d 137 (1986)
In 1963, the Melendezes' predecessor built a driveway across neighboring Lot 16 that partly overlapped a driveway section Lot 16's own owner also used, but the predecessor also built an additional branch beginning on Lot 16 that the Lot 16 owner never used. James Hintz (defendant) bought Lot 16 in 1981, and Michael and Kathryn Melendez (plaintiffs) bought their property the following year and kept using both driveway portions until Hintz blocked access in 1983; the Melendezes sued claiming a prescriptive easement, and the trial court agreed, prompting Hintz's appeal.
Whether, for purposes of a prescriptive easement, an adverse use is one that constitutes some actual invasion or infringement of the owner's rights.