Fischer v. Berger

MARING, Justice.

[¶ 1] Melvin and Antonia Fischer appeal from a judgment dismissing their quiet title action against Ronald Berger seeking a prescriptive easement for a road across Berger’s land and damages. We conclude the district court did not clearly err in finding Fischers failed to prove their use of a trail across Berger’s land was adverse. We affirm.

I

[¶ 2] Berger and his predecessors in interest (“Bergers”) own the north half of the north half of a section of land in Morton County which is situated between two separate tracts of land owned by the Fischers and their predecessors in…