Carr v. Constable

Celia Jean Constable appeals an order of the Circuit Court of Mineral County finding that her property was encumbered by a prescriptive easement for ingress and egress to the adjoining property. On appeal, Ms. Constable argues because her property’s use was by permission, Kevin Carr and Teresa Carr, his wife, the owners of the adjoining property, faded to establish one of the predicates for a prescriptive easement, which requires the open, continuous and uninterrupted use of another’s property, under a bona fide claim of right and without objection for a period of ten years. Because the…