GELDERLOOS v. DUKE

No. 02-568.

88 P.3d 814 (2004)

2004 MT 94

Pouwel and Miriam GELDERLOOS, Husband and Wife, as Joint Tenants, as to an undivided 74.2% interest; Wayne C. Mansaw and Catherine O. Mansaw, Husband and Wife, as to an undivided 8.05% interest; Jacob Meijer and Irene Meijer, Husband and Wife, as Joint Tenants, as to an undivided 9.7% interest; and Linda L. Ulrich, as to an interest in the Gelderloos undivided interest according to an unrecorded Contract for Deed, all as Tenants in Common, Plaintiffs and Respondents, v. Roxanne DUKE, an individual as to an undivided 8.05% interest, as a Tenant in Common; and David MacDonald and Cheryl MacDonald, Husband and Wife, Defendants and Respondents, and Roger Zeman, an individual, Defendant and Appellant.

Supreme Court of Montana.

Decided April 14, 2004.


Attorney(s) appearing for the Case

For Appellant: Joseph T. Swindlehurst, Huppert & Swindlehurst, P.C., Livingston, Montana (for Roger Zeman).

For Respondents: Thomas R. Anacker, Anacker Law Office, Bozeman, Montana David A. Duke, Duke Law Firm, Billings, Montana (for Roxanne Duke).


Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Defendant Roger Zeman appeals the District Court's judgment in which Defendant Roxanne Duke and Plaintiffs Wayne C. and Catherine O. Mansaw were granted a prescriptive easement for a road across his property, and the Mansaws were also granted a prescriptive easement for the encroachment of the eaves of their residence. We reverse.

ISSUES

¶ 2 1. Did the District Court err...

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