Kelley v. Westover
Court of Appeals of Arkansas
1Opinion of the Court
John F. Stroud, Jr., Judge.
This is a prescriptive easement case in which appellants, Eugene and Joye Kelley, claim a prescriptive right of passage over property belonging to appellees, William F. Westover, William E. Westover, and Patricia M. Westover. The chancellor determined that appellants had sporadically crossed appellees’ property for more than twenty years, but that their use of the property was not continuous and uninterrupted, and therefore had not established a prescriptive easement. We agree and affirm.
In 1951, appellee William F. Westover purchased twenty acres of unimproved…
2Cases cited2 opinions
- Childress v. RichardsonCourt of Appeals of Arkansas · 1984
- Stahl v. ThompsonCourt of Appeals of Arkansas · 1982
3Cited by11 opinions
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- Trask v. NoziskoColorado Court of Appeals · 2006
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- Five Forks Hunting Club, LLC v. Nixon Family PartnershipCourt of Appeals of Arkansas · 2019
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