Wareing v. Schreckendgust

This is an appeal from the Twenty-First Judicial District Court, Ravalli County. Following a bench trial, the District Court awarded Plaintiffs, Lee and Donna Wareing, a prescriptive ditch easement across Schreckendgust’s property, costs and attorney fees. Additionally, the District Court ordered the parties to equally share the costs of replacing the ditch culvert crossing Defendant Schreckendgust’s property. Defendant Schreckendgust appeals. We affirm.

We restate the issues on appeal as follows:

1. Must the elements of a prescriptive easement be proved by a preponderance of evidence or by…