Brooks v. Jensen

OPINION

By the Court,

Thompson, J.:

This action was commenced by James A. Brooks and Lois Brooks to establish their right to an easement for a road 23 feet in width over an adjoining parcel of land owned by Minnie Jensen. Their claim rests primarily upon recorded documents which, they assert, confirm the easement as appurtenant to their land and a charge upon the land of Minnie Jensen. In defense, Minnie Jensen alleges extinguishment of the easement by abandonment, and by counterclaim, asserts fee title to the 23-foot strip by adverse possession. At the close of the plaintiffs’ case the district…