Umbarger v. Phillips

This is an appeal from a trial court order declaring that the estate of Margie Virginia McCall Phelps, represented by its executor, John Thomas Phillips, II, included an easement by prescription over an adjoining tract of land owned by appellant Shirley T. Umbarger.

On appeal, Umbarger contends that Phillips failed to prove by clear and convincing evidence all the requisite elements of a prescriptive easement. Specifically, Umbarger argues that Phillips failed to prove that the use of her property was adverse, and that she had actual knowledge of, and acquiesced in, the use of her property.

I

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