Shepard v. Gilbert

The question in this case is whether the uses made by the plaintiffs and their predecessors in title were permissive or adverse.

It is the first contention of the plaintiffs that “when it is shown that there has been the use of an easement for twenty years unexplained, it will be presumed to have been under a claim of right and adverse, and will be sufficient to establish a right by prescription and to authorize the presumption of a grant, unless contradicted or explained.” Carmody v. Mulrooney, 87 Wis. 552, 58 N. W. 1109; Wilkins v. Nicolai, 99 Wis. 178, 74 N. W. 103; Wegner v. Erffmeyer, 193…