Real Property: Prescriptive Easement-Adverse Possession

Plaintiff appealed the trial court’s grant of summary judgment to defendant, which awarded defendant a prescriptive easement over a shared driveway between the parties’ properties and extinguished an easement in a warranty deed by adverse possession. Plaintiff argued that there was a genuine issue of material fact as to whether defendant’s use of the driveway was permissive and that defendant failed to prove that her use of the driveway was continuous and hostile.

Where uncontroverted evidence demonstrated that defendant’s use of the driveway was continuous and hostile to plaintiff’s right to use the land as a driveway, the trial court properly extinguished the warranty deed easement by adverse possession, and plaintiff failed to preserve her arguments relating to the trial court’s grant of a prescriptive easement through summary judgment.

Judgment is affirmed.

Steiner v. Stribrny (MLW No. 79752/Case No. WD85649 – 14 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Jackson County, Fahnestock, J. (Jonathan Sternberg, Kansas City, for appellant) (Daniel R. Zmijewski, Leawood, KS for respondent)