Wilson v. Smith

The defendant in error contends that where the use of a private way does not. originate by permission of the owner, mere use for seven years will suffice and that it is not necessary to prove that the applicant has kept the way open and in repair for seven years. We have examined every case we could find on the subject and we have been unable to find any support for the contention of defendant in error. As we understand the decisions, whether the use of the way originates by permission of the owner or the prescriptive right is based oh mere use and tacit permission or failure to object on the…