- Ag Docket
The plaintiffs and the defendants were adjoining landowners. The plaintiffs had used their property since 1989 and had purchased it in 2001. The defendants purchased their property in 2001. A dispute arose between the parties regarding a 17-foot strip of land that ran between their properties. The strip contained a driveway and a strip of land to the east of the driveway. A waterway ran parallel to the driveway on the west side. The plaintiffs had always contended that they owned the driveway and the strip of land to the east and that the defendants owned the waterway. In 2006, one defendant found a marker from a 1982 survey that was to the east of the 17-foot strip of land. He informed the plaintiffs he would be treating the driveway and the rest of the disputed strip as his own. In early 2011, the defendant made preparations to farm the disputed property. He filled in the waterway and began chiseling the driveway. The plaintiffs filed an action to quiet title. The district court quieted title in the plaintiffs and refused to grant the defendants a prescriptive easement (as they had requested as alternative relief in a cross-claim). On appeal, the court affirmed, finding that the plaintiffs had met their burden of proof as to all elements of adverse possession: actual, continuous, exclusive, notorious, and adverse possession under a claim of ownership for a statutory period of 10 years. There was sufficient evidence of the description of the disputed parcel to support the judgment. The defendants were not entitled to a prescriptive easement because they had used the driveway with permission. Prescriptive rights were disfavored under the law. Schellhorn v. Schmieding, 288 Neb. 647 (Neb. Sup. Ct. 2014).
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