Shumway v. Tom Sanford, Inc.

THOMAS, Justice.

This case arises out of a claim of an easement to travel over the lands of another asserted to have been acquired by prescription. The district court found that no prescriptive easement had been acquired because the appellants Shumway had not established that their use was adverse or hostile. In so finding the district court rejected the appellants’ argument that a presumption of adverse and hostile use arises out of the establishment of the other elements which are required to establish an easement by prescription. The district court held instead that there were present facts…