Adverse Possession – Evidence

A claim of adverse possession must be proved by a preponderance of the evidence showing actual, open, exclusive, and continuous possession under a claim of ownership for a period of 10 years. Rush Creek Land and Live Stock Co. v. Chain, 255 Neb. 347, 586 N.W.2d 284 (1998); Horkey v. Schriner, 215 Neb. 498, 340 N.W.2d 1 (1983); Petsch v. Widger, 214 Neb. 390, 335 N.W.2d 254 (1983); McCormick v. Terry, 205 Neb. 650, 289 N.W.2d 516 (1980).

Evidence that claimant’s predecessor had personal knowledge that railroad openly, exclusively, and continuously used right-of-way from 1940 to 1987 did not establish that railroad’s use was adverse under claim of ownership. Dugan v. Jensen, 244 Neb. 937, 510 N.W.2d 313 (1994).

Up ↑

%d bloggers like this: