(Download) "White v. Kamps" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: White v. Kamps
- Author : Supreme Court of Montana
- Release Date : January 28, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Easements ? Burden of establishing hostility. One claiming an easement based upon alleged adverse user must establish that his use was adverse and hostile to the title of the servient estates owner. 2. Adverse possession ? Words &; Phrases ? What constitutes adverse possession. Possession of realty, to be "adverse", must be actual, visible, exclusive, hostile and continuous, for the full period. 3. Adverse Possession ? Adverse possession cannot be permissive. User to be "adverse", must be exercised under a claim of right and not as a mere privilege or license revocable at the pleasure of the owner of the land and such claim must be known to, and acquiesced in by, the owner of the servient tenement. - Page 103 4. Easements ? Permissive easement may become adverse. The fact that a user is permissive in its inception does not in itself prevent it from subsequently becoming adverse and ripening into an easement by prescription. 5. Easements ? Permissive user must assert his hostility to establish prescriptive right. Where a licensee renounces the authority under which he began the use and claims it as his own right, and that fact is brought to the knowledge of the licensor, after which the licensee continues the use under such adverse claim exclusively, continuously and uninterruptedly, for the full prescriptive period, the right will become absolute. 6. Easements ? Permissive user presumed to continue permissive. A use which begins as a permissive use is presumed to continue as such, and, in order to transform it into an adverse one, there must be a distinct and positive assertion of a right hostile to the rights of the owner, which must be brought to the attention of the owner and the use continued for the full prescriptive period. 7. Easements ? Permissive use, what constitutes. Generally, where a road was used by the owner of the land over which it runs and his predecessors in interest for their own purposes in farming the land, the use of the road by another without injuring or interfering with the owners use is regarded as permissive. 8. Easements ? Evidence fails to establish hostility. Evidence supported the finding that the use of the road by an adjoining property owner was permissive and that he never at any time prior to a certain year claimed the use thereof adversely or in hostility to the ownership thereof by the owner, or his devisees and successors in interest; and the evidence was insufficient to show a public easement resulting from an adverse use of the road by the public for prescriptive period.