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BAUER v. HARRIS

No. 65A01-9208-CV-267.

617 N.E.2d 923 (1993)

James A. BAUER and Peggy L. Bauer, Appellants-Plaintiffs, v. Keith H. HARRIS and Tammy D. Harris, Appellees-Defendants, v. Laura Lee Barrell, Third Party Defendant.

Court of Appeals of Indiana, First District.

Rehearing Denied August 19, 1993.

Attorney(s) appearing for the Case

Curt J. Angermeier, Evansville, for appellants-plaintiffs.

Leslie C. Shively, Noffsinger, Price, Bradley & Shively, Evansville, for appellees-defendants.

STATEMENT OF THE CASE

NAJAM, Judge.

James and Peggy Bauer ("Bauers") appeal a judgment in favor of their neighbors, Keith and Tammy Harris (Harrises), following a bench trial on the Bauers' claim of a prescriptive easement across a twelve-foot wide strip of the Harrises' property. The trial court found that the Bauers failed to establish their claim because their use was not exclusive, continuous or under a claim of right. We reverse and remand.

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