Melendez v. Hintz

SWANSTROM, Justice.

Michael and Kathryn Melendez brought this action against their neighbor James Hintz after Hintz blocked a driveway on his property which the Melendezes or their predecessors had used for twenty years. The Melendezes claimed they had acquired a prescriptive easement by adverse use of the driveway. The district court agreed. Hintz has appealed. Upon a record of undisputed facts we are asked to decide whether, as a matter of law, the Melendezes’ use of the driveway was adverse to Hintz or permissive. Holding that the use was adverse, we affirm.

The properties involved are shown…