Harambasic v. Owens

OPINION

KLEINSCHMIDT, Judge.

This is an appeal from an order of the trial court granting a landowner a prescriptive appurtenant easement over a neighbor’s property. We reaffirm the rule that when a person uses an easement over the land of another in an open, visible, continuous and unmolested manner, there is a presumption that the use is hostile to the title of the owner of the land, and under a claim of right, as opposed to the use being permissive.

The Harambasics and the Owenses own adjoining parcels of land in southern Yavapai County. The Harambasics acquired their land in 1973 and the…