Scholes v. Post Office Canyon Ranch, Inc.

OPINION

BIVINS, Judge.

Defendants appeal from an order and judgment finding Plaintiffs the owners of a prescriptive easement over Defendants’ property for the purpose of access to Plaintiffs’ home. The sole issue raised is whether, as a matter of law, a presumption of adverse use can arise where the claimed prescriptive easement traverses large, open, and unenclosed private lands (referred to as the “neighbor accommodation exception ). We hold that, under the circumstances of this case, the neighbor accommodation exception does not apply, and, therefore, affirm the district court. We make that…