Rotenberger v. Burghduff

SABERS, Justice.

[¶ 1.] Lex Burghduff (Burghduff) appeals from a circuit court decision that declared William Rotenberger (Rotenber-ger) had a prescriptive easement across Burghduffs property. He appeals and raises two issues. We affirm.

FACTS

[¶ 2.] Rotenberger owns two parcels of property 1 in Harding County, which are separated by an 80-acre parcel 2 owned by Burghduff. Rotenbergér bought the land in 1984 from Neil Ketchum (Ketchum). While Ketchum owned the land, he used a trail 3 that runs over Burghduffs land to access his land. He used the trail from 1943 or 1944 to 1984. From 1984 until…