Home/Nevada Supreme Court/Anderson v. Felten

Anderson v. Felten

612 P.2d 216, 96 Nev. 537, 1980 Nev. LEXIS 638
Nevada Supreme Court·Decided June 4, 1980·No. 11087·Published·Cited by 6 cases

Opinions

[538]*538OPINION

By the Court,

Thompson, J.:

This action was commenced by Anderson seeking a court declaration that he is the owner of a 50-foot easement over the property of the Feltens, and that the Feltens be enjoined from obstructing such easement. It was his contention that the easement had been acquired by prescription and by implied public dedication. The district court found that an easement had not been acquired. This appeal followed.

This litigation concerns an area in Douglas County, Nevada, known as Mott Canyon.

The Feltens own two contiguous parcels depicted on the map as Felten A and B. Parcel A was purchased from Raymond Fillmore in October 1958. Parcel B was purchased in 1970 from the Hansons and Muriel Elges. Anderson owns two noncon-tiguous parcels in the Canyon. Anderson A was purchased in 1971 from August Kettenberg. Anderson B was purchased from Kettenberg in 1976. Kettenberg had purchased the larger parcel, A, in 1948, and the smaller parcel, B, in 1956 or 1958.

The claimed right of way is an unpaved,, diagonal path through the sagebrush, approximately one car wide. The path cuts across the southeast corner of Felten B and continues in a southwesterly direction to Anderson B. Thereafter it continues westerly across other land to Anderson A.

When Kettenberg purchased the larger parcel, Anderson A, the diagonal path was the only entrance into the Canyon, and

[539]*539

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Anderson v. Felten, 612 P.2d 216, 96 Nev. 537, 1980 Nev. LEXIS 638 (Neb. 1980).

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Anderson v. Felten
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