Hodges v. Word

OPINION op the Court by

Judge Clay

Affirming.

W. M. Word brought this action against H. B. Hodges to enjoin the obstruction of a passway over the latter’s farm. The chancellor granted the relief prayed, and Hodges appeals.

While it is true that the presumption of acquisition of easement of a passway arising from mere use, though continued for whatever period, does not avail if the use has been permissive, Godman v. Jones, 180 Ky. 217, 202 S. W. 662, yet the continuance and uninterrupted use of a passway over the land of another creates the presumption of a grant, and the burden is on the owner to…