Feloney v. Baye
Nebraska Supreme Court
815 N.W.2d 160 (2012)
Relevant factsFree
Feloney (plaintiff) and Baye (defendant) had narrow driveways facing each other across an alley, and Feloney regularly used Baye's driveway to turn into his own garage and shoveled snow from it in winter. When Baye built a retaining wall to fix a drainage problem, it blocked Feloney's use of the driveway. Feloney sued for a prescriptive easement and to force removal of part of the wall; Baye counterclaimed to quiet title, and the trial court granted Baye summary judgment.
IssueFree
Whether, in Nebraska, use of a neighbor's driveway that does not interfere with the owner's own use of it or of the driveway itself is presumed to be permissive rather than adverse for prescriptive-easement purposes.
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