Larson v. Tonneson

Citations

• 2019 ND 230

Syllabus

In an appeal from a bench trial, the district court's findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable. To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant. While adverse possession generally cannot be obtained against a public entity, title may be acquired by adverse possession when a roadway has been unopened to public use, an offer to dedicate it has been unaccepted, or it has been vacated or abandoned. Whether an adverse possession has occurred presents a question of fact, which will not be reversed on appeal unless clearly erroneous.