Schmid v. Pastor

¶1 Scott and Cindy Schmid (‘Schmids”) appeal the order of the Eleventh Judicial District Court, Flathead County, Montana, granting a prescriptive easement in favor of Joseph, Patti, and Monica Pastor (‘Pastors”), Lynn Thurlow, and Tracy Holst. We affirm in part and reverse in part.

¶2 We consider the following issues on appeal:

¶3 1. Did the District Court err in granting a prescriptive easement to Lot 14 for year-round residential and recreational use?

¶4 2. Did the District Court err in granting a prescriptive easement to Lots 15 and 16 for year-round residential and recreational use?

BACKGROUND