Kiowa Creek Land & Cattle Co. v. Nazarian

The Nazarians (defendants) bought land from the State of Nebraska in 1990, and Kiowa Creek Land & Cattle Co. (Kiowa) (plaintiff), owner of the adjacent land to the west, had regularly crossed the property for many years before that purchase. In 1994 Kiowa sought a declaratory judgment establishing a prescriptive easement across the Nazarians' land, but the trial court granted the Nazarians summary judgment, holding that the land had been privately owned for less than the ten-year statutory period required to vest a prescriptive easement and that Kiowa's pre-1990 use while the land was state-owned could not count toward that period.