Heiser v. Dahl

Summary

The court reversed a judgment quieting title to the entire disputed tract in favor of the Heisers and remanded for specific findings identifying the land, if any, they adversely possessed. The court held that the existing findings did not establish adverse possession of the entire tract, particularly where some use was permissive, the enclosure was incomplete or no longer maintained, and mowing and maintenance constituted ordinary care rather than hostile improvement. The court also held that the evidence did not show mutual recognition of the county road as a boundary for the required period.