Adverse Possession – Mistaken Boundary

Property may be acquired by adverse possession under the mistaken idea of a true boundary line, even if the possessor does not know that he or she is occupying land not included in his or her deed or chain of title. Cunningham v. Stice, 181 Neb. 299, 147 N.W.2d 921 (1967); Converse v. Kenyon, 178 Neb. 151, 132 N.W.2d 334 (1965). See Kraft v. Mettenbrink, 5 Neb.App. 344, 559 N.W.2d 503 (1997).

“[T]he possession is the important element, and it is held that such possession is not the less adverse because the person takes possession of the land in question innocently and through mistake….” Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998); Nennemann v. Rebuck, 242 Neb. 604, 496 N.W.2d 467 (1993); State Bank v. Gaddis, 208 Neb. 136, 302 N.W.2d 686 (1981); Purdum v. Sherman, 163 Neb. 889, 81 N.W.2d 331 (1957).