Kiowa Creek Land & Cattle Co. v. Nazarian – Case Brief Summary
Summary of Kiowa Creek Land & Cattle Co. v. Nazarian, 554 N.W.2d 175 (1996).
Kiowa Creek (P) filed a declaratory judgment action to establish that it held an easement of access across a section of land owned by Nazarian (D). Nazarian had purchased the land from the Nebraska Board of Education by a quitclaim deed. The statute of limitations for adverse possession in Nebraska was ten years. Nazarian was granted summary judgment on the grounds that the statute of limitations for adverse possession does not run against the state, and Nazarian had owned the land for less than ten years, and therefore Kiowa Creek could not have acquired the rights by prescription.
Does the statute of limitations for adverse possession run while land is owned by the government?
Holding and Rule
No. An easement cannot be acquired in real property by prescription against a state or subdivisions while the land is held in fee. Nazarian acquired rights to the land from the state and therefore Kiowa Creek could not obtain rights by prescription.
See Howard v. Kunto for a property law case brief involving issues of adverse possession, privity, and mistake of fact.