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Fischer v. Grinsbergs

Supreme Court of Nebraska
252 N.W.2d 619 (1977)


Facts

In 1945, the owners of two adjacent lots constructed a driveway from their street to their respective garages. This driveway was located on both owners’ lots. It is unknown whether permission was granted by either owner when use of the driveway began. However, the driveway was used by the owners of both lots, uninterrupted until 1975. At this time, the owners of the two lots were Viola Fischer (plaintiff) and Valdemars and Parsala Grinsbergs (defendants). In 1972, a survey was conducted where the Grinsbergs discovered where exactly the boundaries of their property lied. In 1975, the Grinsbergs constructed a fence along this property boundary. Ms. Fischer brought suit, as she was then unable to access her garage. The trial court determined that the Grinsbergs were allowed to construct the fence, because a prescriptive easement did not exist. Ms. Fischer petitioned for certiorari to the Supreme Court of Nebraska.

Rule of Law

Issue

Holding and Reasoning (Brodkey, J.)

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