Farris v. Vieman

GUNN, Judge.

The single issue in this prescriptive easement case is whether there was such permissive use of the easement as to destroy the prescriptive right.

Plaintiffs-respondents claimed a 20 foot wide prescriptive roadway easement over defendant-appellant’s property. In August, 1968, defendant erected a gate across the roadway obstructing plaintiffs’ use of it. Defendant denied actually constructing the gate but at least announced his intention to do so. Plaintiffs filed a two count action to enjoin defendant’s maintenance of the gate and for damages as a result of its obstruction. The…