Winfield v. Kasel

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    Winfield Land

    Gaylord Winfield purchases land in 1963 and the deed 1964
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    Winfield Cows

    Cows pastured on land from 1964 to 2004
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    Kasel's land

    Kasel purchased his land in 1996
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    Kasel and Winfield Dispute

    Over 2.8 acre. Winfield wanted to put up a new fence to help control the cattle movement. They originally agreed ($200.00 a year for the new fence) to the new fence but Kasel's rescinded the decision. Bench trial began
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    District Court Trial

    Found that it supported adverse possession. The ruled that the hostile portion of the law was recognized by the use of the land and the agreement between the two owners.
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    The District Court Affirmed

    The court affirmed the decision of the appellate court decision. The
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    Adverse Possession Case Dispute

    The plot of land was visible from highway 56.
    No other people used it since 1964, Winfield's maintained the property.
    They had occupied the property for more than 15 years.
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    Diagram

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