Crites v. Koch

Members of the Johnson and Kile families appeal from a judgment awarding Don Crites fee simple title by adverse possession and a prescriptive easement in "Black Acre," a parcel of land encompassing approximately 7/100 of an acre. Appellants contend the trial court erred in finding that Crites' use of a portion of the property was "exclusive." Appellants also argue that the trial court's failure to enter a finding of "hostility" renders its award of a prescriptive easement in the remaining part of the property invalid. We affirm in part and reverse in part.

The material facts are undisputed.…