Southside Ventures, LLC v. La Crosse Lumber Co.

"For a use to be continuous, a constant use is not required, but the essential attitude about the use must be continuous." Smith v. Chamblin Props., LLC , 201 S.W.3d 582, 587 (Mo. App. W.D. 2006). "In considering whether or not a use was uninterrupted, the courts look only at the actions of the party against whom the prescriptive right is claimed-i.e., the owner of the servient estate." Id. (quoting Tuf Flight Indus., Inc. v. Harris , 129 S.W.3d 486, 489 (Mo. App. W.D. 2004) ). "Thus, the owner of the property must interrupt the adverse use during the ten-year time period to destroy the…