01-2132 Keller v. Sawyer

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Charles and Barbara Keller appeal a judgment denying their adverse possession action against Paul Sawyer. The Kellers contend that they obtained title by adverse possession to (1) land under a corner of their cottage and (2) a portion of land adjacent to their cottage. We agree and reverse the judgment. However, we limit the adverse possession of the lawn to that area the Kellers and their predecessors in interest actually used and occupied for over twenty years. We therefore remand for the trial court to hold a hearing to give the parties an opportunity to present sufficient evidence to establish the boundary of the land adversely possessed so that the court can partition the land. We also conclude that the Kellers gained a prescriptive easement to the land under the LP tank and surrounding the line that runs from the tank to the cottage.

This opinion will not be published.

Dist III, Door County, Mleziva, J., Per Curiam

Attorneys:

For Appellant: Nina H. Martel, Sturgeon Bay

For Respondent: David L. Weber, Sturgeon Bay; Jon Robert Pinkert, Sturgeon Bay