Property Keyed to French
Kiowa Creek Land & Cattle Co. v. Nazarian
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Nazarians (Defendants) purchased land from the Nebraska government in 1990. Kiowa Creek Land & Cattle Co. (Plaintiff) owned land immediately to the west, and had regularly travelled across the Nazarian’s land for many years prior to 1990. In 1994, Plaintiff sought a declaratory judgment that it had a prescriptive easement of access across Defendants’ land. Defendants moved for summary judgment of dismissal. The trial court granted the motion on the ground that the land had been in private ownership for less than 10 years, the statutory period for a prescriptive easement to vest. The trial court held that Plaintiff’s use of the land prior to the 1990 purchase could not be counted towards the 10-year period. Plaintiff appealed.
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