Douglas v. Knox

Johnson, Judge.

In this appeal we decide whether the trial court erred in denying a petition to remove an obstruction from a private way when use of the private way was initially permissive, and the petitioner has not shown the existence of an adverse claim for seven or more years. We find no error.

In 1983, Sam Douglas bought real property located next to a private hunting club. A narrow horse trail ran across hunt club property and ended at Douglas’ property. Hunt club members used the trail twice a week when hunting.

The hunt club owners allowed adjoining property owners, including Douglas…