Nebraska Supreme Court
Goldie v. McNeil & Co. Builders
March 27, 2026321 Neb. 84
Summary
The Nebraska Supreme Court affirmed the quiet-title judgment awarding the disputed property to the Goldie Trust through adverse possession. Applying de novo review, the court held that the Goldies' visible improvements, maintenance, and use made their possession notorious, and that the evidence supported possession under a claim of ownership for the required 10-year period because the alleged permission letters were not received. The court did not decide whether permission granted after adverse possession begins could terminate that possession.
Holding
- Whether the Goldies' possession was notorious.. The Goldies proved by a preponderance of the evidence that their possession was notorious because their clearing, fencing, landscaping, treehouse, planting, maintenance, and recreational use created visible and conspicuous evidence of possession and a visible contrast with the adjoining property.
- Whether the Goldies possessed the disputed property adversely under a claim of ownership for 10 years.. The Goldies proved adverse possession under a claim of ownership for the statutory period. The alleged permission defense failed because the evidence supported the finding that the Goldies did not receive the 1997 letters, and the record showed no other permission.
Docket S-24-944