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KOCH v. PACKARD

No. 107,585.

294 P.3d 338 (2012)

48 Kan. App. 2d 281

Joseph R. KOCH, Trustee of the Joseph R. Koch Revocable Trust dated March 12, 1993, Appellee, v. E. Lynn PACKARD and Jayne E. Packard, Cotrustees of the E. Lynn Packard Revocable Trust dated July 10, 2003, and Jayne E. Packard and E. Lynn Packard, Cotrustees of the Jayne E. Packard Revocable Trust dated July 10, 2003, Appellants.

Court of Appeals of Kansas.

November 2, 2012.

Attorney(s) appearing for the Case

Alan C. Goering , of Goering and Slinkard, of Medicine Lodge, for appellants.

Gordon B. Stull , of Stull Law Office, P.A., of Pratt, for appellee.

Before McANANY, P.J., MALONE and HILL, JJ.

HILL, J.

In this appeal, we overturn the district court's ruling that Joseph R. Koch acquired a prescriptive easement in a roadway on land owned by E. Lynn and Jayne E. Packard in Barber County. Kansas caselaw requires exclusivity as an element for prescriptive uses. The facts in this record reveal that Koch has not had the exclusive use of this roadway over the years and, therefore, the court erred when it ruled that he had a prescriptive easement.

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