Perpignani v. Vonasek

David and Arleen Pieper, Helen Rasmussen, Helen Brekke, and Thomas Vonasek 1 appeal a judgment awarding Marino Perpignani ownership of relicted land 2 and rejecting Brekke's claim of adverse possession under color of title. Although the trial court did not abuse its discretion in its choice of survey methods, we conclude that it failed to apply the appropriate burden of proof and presumption of adversity and erroneously denied Brekke's claim of adverse possession under color of title. We therefore reverse the judgment.

At issue in this appeal is ownership of relicted land lying between the…