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Adverse Possession - Against Government



No title may be acquired against a state by adverse possession. State v. Cheyenne County, 123 Neb. 1, 241 N.W. 747 (1932); Topping v. Cohn, 71 Neb. 559, 99 N.W. 372 (1904).

An individual cannot adversely possess a public way. However, when streets are laid out on a plat but are not so used by the public, they are nothing more than private ways and may be adversely possessed. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998). See Schock v. Falls City, 31 Neb. 599, 49 N.W.468 (1891).

SEE ALSO PUBLIC HIGHWAYS AND ROADS