Cox v. Forrest
Court of Appeals of Maryland
Appeal from the Circuit Court for Charles County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the three following prayers: 1. If the jury find from the evidence, that the plaintiffs are possessed of the farm described in the declaration as “Part of Pomfret and St. Matthews,” and that they and those claiming under them, have been accustomed, for the more convenient occupation of said farm, to use and enjoy a certain way or…
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Appeal from the Circuit Court for Charles County. The case is stated in the opinion of the Court. Exception. — At the trial the plaintiffs offered the three following prayers: 1. If the jury find from the evidence, that the plaintiffs are possessed of the farm described in the declaration as “Part of Pomfret and St. Matthews,” and that they and those claiming under them, have been accustomed, for the more convenient occupation of said farm, to use and enjoy a certain way or road, as described in the declaration over the lands now claimed by the defendant to and from the public highway, or to…
1Opinion of the CourtRobinson, J.
This is an action to recover damages lor obstructing a private right of way, claimed over the land of the appellee. In the absence of an express grant, it was necessary lor the plaintiffs to prove an adverse, exclusive, and uninterrupted enjoyment of the right of way in question for twenty years.
By adverse is meant a user, without license or permission, for an adverse right of an easement cannot grow out of a mere permissive enjoyment, the real point of distinction being between a permissive or tolerated user, and one which is claimed as a matter of right. Where one, however, has used a right…
2Cases cited2 opinions
- School District No. 8 v. LynchSupreme Court of Connecticut · 1866
- Hammond v. ZehnerNew York Supreme Court · 1856
3Cited by52 opinions
- Condry v. LaurieCourt of Appeals of Maryland · 1945
- Smith v. ShiebeckCourt of Appeals of Maryland · 1942
- Dalton v. Real Estate & Improvement Co.Court of Appeals of Maryland · 2001
- Jurgensen v. New Phoenix Atlantic Condominium Council of Unit OwnersCourt of Appeals of Maryland · 2004
- Frenkil v. JohnsonCourt of Appeals of Maryland · 1939
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