Koch v. Packard

Hill, J.:

In this appeal, we overturn the district court’s ruling that Joseph R. Koch acquired a prescriptive easement in a roadway on land owned by E. Lynn and Jayne E. Packard in Barber County. Kansas caselaw requires exclusivity as an element for prescriptive uses. The facts in this record reveal that Koch has not had the exclusive use of this roadway over the years and, therefore, the court erred when it ruled that he had a prescriptive easement.

Installation of a gate leads to legal action.

This lawsuit involves adjacent landowners located in Barber County, Kansas. Joseph R. Koch (as…