S-24-0794 Alan Kortmeyer and Carolyn Kortmeyer (Appellants) v. Alyssa Hendrix and Carey Hendrix; Kach 510, LLC; C&A Complex Management, LLC; and Glen Haven Subdivision Utility Service, LLC. (Appellees)
Appeal from the Nebraska Court of Appeals on appeal from the District Court for Seward County, Judge Rachel A. Daugherty
Attorneys: Liam Wakeman (Morrow, Poppe, Watermeier & Lonowski, P.C. for Appellants) and Stephen D. Mossman and Andrew R. Spader (Mattson Ricketts Law Firm, L.L.P. for Appellees)
Civil: Adverse possession
Proceedings Below: The district court denied Appellant’s request to quiet title to a strip of land between their property and adjoining property owned by Appellees. On appeal, the Nebraska Court of Appeals affirmed. Appellant petitioned for further review, which the Supreme Court granted and transferred this case to its docket.
Issues: On petition for further review, Appellants assign the following errors: 1) The Court of Appeals erred in affirming the district court’s denial of the Appellants’ quiet title claim to the disputed area; 2) The Court of Appeals erred in finding that the Appellants’ possession of the disputed area was not hostile in nature; 3) The Court of Appeals erred in finding that the Appellants’ adverse possession of the disputed area began in the fall of 2003 at the earliest; 4) The Court of Appeals erred in finding that the Appellants did not satisfy the statutory period of 10 consecutive years of adverse possession following their improvements to the disputed area due to the Appellants’ purported rent of Lot 26; and 5) The Court of Appeals further erred in finding that the Appellants’ purported rent of Lot 26 included the disputed area when the contract was implied-at-law and required a meeting of the minds.