Lyndes v. Green
325 P.3d 1225
Mont.2014Background
- Lyndes owns Section 27 and disputes Hertzlers’ right to cross it for ranching and other uses.
- Hertzlers have long used the road across Section 27 since 1973 to access their land and move cattle.
- Lyndes purchased Section 27 in 1998; pre-purchase use by Hertzlers was uncontroverted by permission.
- Gates, locks, and disputes over access escalated after Lyndes began controlling the gate; Lyndes later granted a key under a rock.
- The District Court found Hertzlers used the road openly and notoriously for over forty years and established a prescriptive easement prior to Lyndes’s ownership.
- This Court reviews the district court’s findings for substantial evidence and addresses the scope of the easement and costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hertzlers established a prescriptive easement across Section 27 | Lyndes argues use was permissive neighborly accommodation, not adverse. | Hertzlers contend long, open use under a claim of right ripened into a prescriptive easement. | Hertzlers established a prescriptive easement; scope to extend for their ranching and related uses. |
| Whether the District Court properly awarded costs to Hertzlers | Lyndes challenges several cost items as improper under § 25-10-201, MCA. | Hertzlers contend the award is correct and, if necessary, should be remanded for recalculation. | Remanded to District Court to reconsider and correct the costs awarded. |
Key Cases Cited
- Cremer v. Cremer Rodeo Land and Livestock Co., 192 Mont. 208 (Mont. 1981) (implied acquiescence not same as permission; possession can be adverse)
- Brown & Brown v. Raty, 2012 MT 264 (Mont. 2012) (permissive use can defeat prescriptive claim; neighborly accommodation not adverse)
- Pub. Lands Access Assn. v. Boone & Crockett Club Found., Inc., 259 Mont. 279 (Mont. 1993) (neighborly accommodation is a form of permissive use; open/notorious use may be permissive)
- Amerimont, Inc. v. Gannett, 278 Mont. 314 (Mont. 1996) (permissive use rooted in neighborly accommodation; prescriptive easement cannot be established from mere permission)
- Wilson v. Chestnut, 164 Mont. 484 (Mont. 1956) (neighborly accommodation not adverse; requires more than mere use)
- Heller v. Gremaux, 2002 MT 199 (Mont. 2002) (neighborly accommodation constitutes permissive use that may not ripen into prescriptive rights)