Legal Opinion

Fenster v. Hyken

Missouri Court of Appeals

Decided November 1, 1988No. 53664PublishedCited by 11 opinions

1Opinion of the Court

DOWD, Presiding Judge.

Defendants appeal from the trial court’s grant of a prescriptive easement. We affirm.

Plaintiffs purchased their property, which was adjacent to the disputed land, in 1958. Since that time, plaintiffs have used the disputed land for business purposes, primarily for parking trucks and cars.

Plaintiffs brought suit in 1985 on 2 counts. First, for adverse possession and second, for a prescriptive easement over the property. The trial court ruled against plaintiffs on the adverse possession claim, but granted them a prescriptive easement.

Defendants’ first point on appeal…

2Cases cited8 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Carpenter-Union Hills Cemetery Ass'n v. Camp Zoe, Inc.Missouri Court of Appeals · 1977
  3. Lacy v. SchmitzMissouri Court of Appeals · 1982
  4. Wyma v. KauffmanMissouri Court of Appeals · 1984
  5. Day v. GrishamMissouri Court of Appeals · 1978

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Johnston v. BatesMissouri Court of Appeals · 1989
  2. Behen v. ElliottMissouri Court of Appeals · 1990
  3. Bryant v. PriceMissouri Court of Appeals · 1995
  4. Frain v. BrdaMissouri Court of Appeals · 1993
  5. Phillips v. SommererMissouri Court of Appeals · 1996

6 more not listed; retrieve them via the Exa API.

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