Madson v. TBT Ltd. Liability Co.

Buckley, District Judge, Retired.

INTRODUCTION

DeEtta Madson, Margaret B. Westerbuhr, and Delmer Westerbuhr (collectively Westerbuhrs) appeal the trial court’s order quieting title to agricultural and recreational property in appellee TBT Ltd. Liability Co. (TBT) based on adverse possession of the property by TBT and its predecessors in interest and on acquiescence to a boundary line. Because we conclude that TBT has not established either the elements of adverse possession by a preponderance of the evidence or the elements of acquiescence to a boundary line, we reverse, and remand with…