Welsch v. Smith

Defendant, Dean Smith, appeals the trial court’s judgments awarding plaintiffs Randall S. and Louellen C. Welsch damages for trespass and denying Smith’s claims for adverse possession of a portion of the Welsch property and for a prescriptive easement over a road crossing the Welsch property and property owned by co-plaintiffs, Dorothy and Ruth Williams. We affirm the judgment denying Smith’s claim for prescriptive easement, vacate the judgment denying Smith’s claim for adverse possession, and remand for further findings.

Smith owns property due south of the Welsch property, and southeast of…