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Neighbors’ land access dispute ends up in court

Staff writer

A dispute between neighbors over access to six acres of land has resulted in a lawsuit.

Byron P. and Luralee J. Lange of Marion and Wendy S. McCarty, of Hillsboro filed suit June 8 against Bradley J. Matz of Lincolnville.

The Langes and McCarty own 320 acres of pasture located at 240th Rd. and the Chase County line, directly south of Matz’s land. A six-acre portion of their land, used to graze cattle and harvest trees, is separated from the rest of their property by steep banks and deep water of Middle Creek. The only way they can access the six acres is by going across Matz’s property.

The Langes and McCarty claim that although they have crossed the Matz property since before 1997, Matz has now instructed them not to cross his land.

The plaintiffs claim they received permission from Matz’s daughter to cross his property and build a fence, but on April 9, they found Matz had blocked each way they could reach their land.

Only through assistance of the sheriff’s department was Byron Lange able to cross the defendant’s property to try and complete the fence, the petition states.

Matz agreed to allow them access for two days, which was not enough time to complete the fence, they claim.

The plaintiffs seek an easement of necessity over and across Matz’s property, that it be permanent and perpetual, that Matz be ordered not to block them from using the easement, and that the plaintiffs be allowed to maintain the easement if Matz fails to do so.

Last modified June 18, 2020

 

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