Terry P. Brown and Linda S. Brown, husband and wife. appellees,
jacobsen land and cattle company, a Nebraska corporation, et al., appellees, and State of Nebraska ex rel. Game and Parks Commission, intervenor-appellant.
Equity: Quiet Title. A quiet title action
sounds in equity.
Equity: Appeal and Error. On appeal from an
equity action, an appellate court decides factual questions
de novo on the record and, as to questions of both fact and
law, is obligated to reach a conclusion independent of the
trial court's determination.
Adverse Possession: Proof: Time. A party
claiming title through adverse possession must prove by a
preponderance of the evidence that the adverse possessor has
been in (1) actual, (2) continuous, (3) exclusive, (4)
notorious, and (5) adverse possession under a claim of
ownership for the statutory period of 10 years.
Adverse Possession: Words and Phrases. A
possession that is adverse is under a claim of ownership.
Claim of ownership or claim of right means
"hostile," and these terms describe the same
element of adverse possession. The word "hostile,"
when applied to the possession of an occupant of real estate
holding adversely, is not to be construed as showing ill
will, or that the occupant is an enemy of the person holding
the legal title, but means an occupant who holds and is in
possession as owner and therefore against all other claimants
of the land.
Adverse Possession: Notice. The purpose of
prescribing the manner in which an adverse holding will be
manifested is to give notice to the real owner that his or
her title or ownership is in danger so that he or she may,
within the period of limitations, take action to protect his
or her interest. It is the nature of the hostile possession
that constitutes the warning, not the intent of the claimant
when he or she takes possession.
Neb. 539] 6. Adverse Possession:
Title. Possession of property by permission can
never ripen into title by adverse possession unless there is
a change in the nature of possession which is brought to the
attention of the owner in some plain and unequivocal manner
that the person in possession is claiming adversely thereby.
Adverse Possession: Leases: Intent. Entering
real property as part of a lease agreement is entering it
with permission and with acknowledgment of the owner's
superior title and is not entering the land with hostile or
Adverse Possession: Landlord and Tenant: Notice:
Intent. A tenant cannot assert ownership by adverse
possession unless he or she first surrenders possession or,
by some unequivocal act, notifies the landlord he or she no
longer holds under the lease agreement.
Adverse Possession. A permissive use remains
permissive where an original owner permitted the use and
devised the land to another who simply continued to permit
Adverse Possession: Presumptions. As between
parties sustaining parental and filial relations, the
possession of land of the one by the other is presumed to be
Landlord and Tenant: Words and Phrases. In
the common law, a tenant or other lawful occupant who holds
over without right is a tenant at sufferance.
Landlord and Tenant: Contracts. A tenancy at
sufferance does not require privity of contract or estate
between the holdover occupant and the property's record
Adverse Possession: Landlord and Tenant. A
tenancy at sufferance is a permissive interest; it is not an
adverse possession and cannot be the basis for adverse
from the District Court for Banner County: Derek C. Weimer,
Douglas J. Peterson, Attorney General, and Charles E.