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Real Property: Prescriptive Easement-Adverse Use

Staff Report//April 22, 2024//

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Real Property: Prescriptive Easement-Adverse Use

Real Property: Prescriptive Easement-Adverse Use

Staff Report//April 22, 2024//

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Where appellants challenged a judgment granting respondents a prescriptive easement for ingress and egress across their property, the trial court properly applied the law when it placed the burden on the appellants to show that the use was permissive and not adverse, and the finding that the respondents’ use of the property was adverse for a continuous period of ten years was supported by substantial evidence, so the judgment is affirmed and modified to delete unnecessary injunctive language.

Judgment is affirmed as modified.

Lay v. Cunningham (MLW No. 81379/Case No. ED111508 – 17 pages) (Missouri Court of Appeals, Eastern District, Hess, J.) Appealed from circuit court, Knox County, Moon, J. (Wallace W. Trosen Jr., Marjorie M. Lewis and Jordan C. Dillender for appellant) (Jules V. De Coster for respondent).

 

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