Drake v. Smersh

Appellants Robert and Jane Doe Smersh (Smersh) appeal a trial court decision granting their neighbors, respondents Jess and Sandra Drake (Drake), a prescriptive easement over a driveway located primarily on Smersh’s land. Smersh argues that there is a presumption of permissive use which the trial court improperly ruled had terminated when Smersh’s predecessor in interest sold the servient land in 1975. But we agree with Drake’s position that the permissive use presumption does not apply in this case, and there was sufficient evidence to establish the adverse element of his prescriptive…