Adverse Possession – Establish Boundary Line

Adverse possession is a defense under statute to establish a boundary line. Petsch v. Widger, 214 Neb. 390, 335 N.W.2d 254 (1983); Converse v. Kenyon, 178 Neb. 151, 132 N.W.2d 334 (1965).

Where quiet title plaintiffs’ predecessor in title placed fence inside his own boundary, and for 28-year period thereafter defendants’ predecessor in title grazed cattle on disputed strip between fence and adjoining parcel, placed it under tillage, and maintained the fence, with plaintiffs’ predecessor in title having always considered fence to be true boundary, acts of defendants’ predecessor in title constituted sufficient claim of ownership as to vest title to disputed strip in them by adverse possession. Horkey v. Schriner, 215 Neb. 498, 340 N.W.2d 1 (1983).

“The placement of a fence within one’s boundary line does not lead to the relinquishment of ownership of lands outside the fence, without an additional showing that those land outside the fence have been used by the neighboring landowner under a claim of ownership for the requisite period of time.” Gustin v. Scheele, 250 Neb. 269, 549 N.W.2d 135 (1996) quoting Martin v. Kozuszek, 216 Neb. 705, 345 N.W.2d 26 (1984)