Plettner v. Sullivan

Supreme Court of Nebraska, 1983.

214 Neb. 636, 335 N.W.2d 534.

Johnson, pp. 655-658

 

Facts: Plettner and Sullivan owned adjoining lands, and both tracts were granted to them by the Hatchery.

 

Issue: Did the Plettners acquire land west of the chickenhouses by adverse possession?If not, did they acquire a prescriptive easement in the jointly used road?

 

Rule: The requirements for getting a prescriptive easement are a little lower than the requirements for adverse possession.

 

Analysis:

 

Conclusion: The Plettners get adverse possession of the ten-foot strip next to the road.They donít get adverse possession of the road itself, but they do get a prescriptive easement to travel on the road.

 

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