Carmody v. Mulrooney
Wisconsin Supreme Court
APPEAL from the Circuit Court for Grant County. The action was brought to establish an easement of right of way in the plaintiff over the defendant’s lands. The plaintiff claimed a right of way over the defendant’s lands by adverse user for more than twenty years. The defendant admitted the user, but denied that it was adverse. There is no conflict in the evidence on the question.
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APPEAL from the Circuit Court for Grant County. The action was brought to establish an easement of right of way in the plaintiff over the defendant’s lands. The plaintiff claimed a right of way over the defendant’s lands by adverse user for more than twenty years. The defendant admitted the user, but denied that it was adverse. There is no conflict in the evidence on the question. The defendant and his grantor for more than twenty years maintained a private way from the residence upon the premises out to the highway, upon their own lands. The plaintiff and the defendant’s grantor are…
1Opinion of the CourtNewman, J.
One may acquire an easement of right of-way over the lands of another by adverse user for a period of twenty years. To have this result, such user must be adverse to the owner of the land, under claim of right, exclusive, continuous, uninterrupted, and with the knowledge and acquiescence of the owner of the estate over which the easement is claimed. Washb. Easem. (4th ed.), 150, par. 26. Such a right can never grow out of a mere tolerated or permissive use. Id. 152. Such adverse user, when continued for twenty years, constitutes a perfect title, as conclusive as a deed or grant. Godd. Easem.…
2Cases cited1 opinion
- American Co. v. BradfordCalifornia Supreme Court · 1865
3Cited by26 opinions
- Hester v. SawyersNew Mexico Supreme Court · 1937
- Rennert v. ShirkIndiana Supreme Court · 1904
- Swan v. MunchSupreme Court of Minnesota · 1896
- Shellow v. HagenWisconsin Supreme Court · 1960
- Wilkins v. NicolaiWisconsin Supreme Court · 1898
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