Shellow v. Hagen

The main issue on this appeal is whether the plaintiffs have proven an easement by prescription to the use of the parking lot. The defendant contends the evidence fails to establish such an easement because the use was not adverse for twenty years, was not continuous and uninterrupted, and was permissive. The law of easements has been the subject of many decisions by this court, and the rule was well stated in Carmody v. Mulrooney (1894), 87 Wis. 552, 554, 58 N. W. 1109:

“When it is shown that there has been the use of an easement for twenty years, unexplained, it will be presumed to have been…