Jackson v. Hicks

OPINION

By the Court,

Thompson, J.:

The Jacksons commenced this action to have the district court declare that they had acquired a prescriptive easement over a twenty-foot strip of land owned by Henry and Marjorie Hicks. Contrary to their claims, the court found that their use of the strip of land was permissive, rather than hostile and adverse. Consequently, judgment was entered for the Hickses. This appeal challenges the propriety of that decision.

The Hickses and Jacksons own adjoining property as reflected on the diagram below. The twenty-foot strip of land between lots 17 and 19 connects the…