Carson v. County of Drew

Arkansas law has been long settled that where there is a usage of a passageway over land, whether it began by permission or otherwise, if that usage continues openly for seven years after the landowner has actual knowledge that the usage is adverse to his interest or where the usage continues for seven years after the facts and circumstances of the prior usage are such that the landowner would be presumed to know the usage was adverse, then such usage ripens into an absolute right. (Emphasis added.) See Fullenwider v. Kitchens, 223 Ark. 442, 266 S.W.2d 281 (1954); see also Zunamon v. Jones,…