LEWIS v. ASLESEN

No. 21714.

635 N.W.2d 744 (2001)

2001 SD 131

James G. LEWIS and Carmen E. Lewis, Plaintiffs and Appellees, v. Joan C. ASLESEN, formerly Joan C. Baldwin, and Paul Aslesen, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 31, 2001.

Rehearing Denied November 19, 2001.


Attorney(s) appearing for the Case

Brenda Ask of Frieberg, Rudolph & Nelson, Canton, South Dakota, Attorneys for plaintiffs and appellees.

John Peterson of Johnson, Eklund, Nicholson & Peterson, Sioux Falls, South Dakota, Attorneys for defendants and appellants.


KONENKAMP, Justice.

[¶ 1.] In this case, we decide, first, whether the trial court erred in granting title by adverse possession to a portion of a strip of land between neighboring residential lots, and, second, whether the court erred in assessing survey costs. We affirm in part, reverse and remand in part.

Background

[¶ 2.] Although they were neighbors on friendly terms for over a quarter century, the Lewises and the Aslesens came to...

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