Irvin v. Brand

KELLY, Judge.

The plaintiffs brought this action in August 1980, claiming an easement by prescription over portions of land owned by defendant Brand. The trial court ruled that the plaintiffs had failed to establish that their use of the land was hostile to Brand’s rights, since the original use was permissive. It therefore quieted title in Brand. The plaintiffs argue that Brand did not prove that the original use was permissive and that a presumption of adverse *1284possession arose from the plaintiffs’ use of the land for longer than the prescriptive statutory period. We agree, and therefore, we…