Gelderloos v. Duke

¶ 1 Defendant Roger Zeman appeals the District Court’s judgment in which Defendant Roxanne Duke and Plaintiffs Wayne C. and Catherine O. Mansaw were granted a prescriptive easement for a road across his property, and the Mansaws were also granted a prescriptive easement for the encroachment of the eaves of their residence. We reverse.

ISSUES

¶2 1. Did the District Court err when it concluded that a prescriptive easement for road access to the Duke and Mansaw properties existed across Zeman’s property?

¶3 2. Did the District Court err when it concluded that a prescriptive easement existed for the…