Brownback v. Doe

Marquardt, J:

John/Jane Doe, Trustee of the Thomas M. Gilkison Trust (Trust), dated December 13,1980, Richard Wilson, and Mary Wilson appeal the district court’s finding that a public road existed by prescriptive easement on property owned by the Trust. We reverse.

In October 2006, John Brownback acquired 172 acres of land in Linn County, Kansas. Several months later, Brownback sold 142 acres of the northern portion of his land and retained the remaining 30 acres to the south. Brownback accessed his 30 acres (Brownback property) by utilizing a “road,” approximately 28 feet wide and 285 feet…