Pedersen Trust v. Ziehl

¶1 Dean and Nancy Ziehl (the Ziehls) appeal from the Judgment of the Montana Eleventh Judicial District Court determining that they do not own a prescriptive easement over a portion of dock that extends onto Gayle Pedersen’s (Pedersen) property. The District Court ordered that the intruding portion of dock be removed and costs be awarded to Pedersen. We affirm and address the following issue, restated by this Court:

¶2 Did the District Court err by holding that the Ziehls failed to adversely use the dock for the required statutory period in order to obtain a prescriptive easement?

FACTUAL AND…