Gault v. Bahm

SHRUM, Presiding Judge.

The trial court determined that the plaintiff, Robert L. Gault (Robert), and his ex-wife Marylyn Gault (third-party defendant), have an easement acquired by prescription entitling them to use a road along the south boundary of land owned by the defendants, Lester and Beverly Bahm. The defendants appeal from that judgment. By Points I and II they urge that the Gaults failed to prove that the defendants knew or were given notice during the prescriptive period that the Gaults’ use was adverse and under a claim of right. In Point III they contend the trial court erred…