Dunbar v. Heinrich

Williams, J. —

This case requires us to resolve the question whether a person's erroneous belief that property is publicly owned precludes him or her from claiming adverse use of that property for purposes of acquiring a prescriptive easement. We hold that adverse use must be established by the acts, not the subjective beliefs, of a claimant, and we accordingly affirm the Court of Appeals.

In 1966, respondent Shane Dunbar began building a residence on property which he had purchased some years earlier. He gained access to his property by driving on a road which he believed to be a public…