Ammer v. Arizona Water Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that courts \consider whether the easement would have any value apart from its use in connection with the land in question\
• noting the rule “that it is the landlord, the holder of fee title, who must assert any prescriptive rights that accrue as a result of the tenant’s adverse use”
• to inure to the property owner’s benefit, a tenant’s adverse use must be “within the terms of his tenancy”
• “A tenant for life or for years cannot establish such a [prescriptive appurtenant easement] right in his own behalf.”
• “A prescriptive easement appurtenant to a dominant tenement can only be created in favor of the person who has a fee simple estate in the dominant tenement.”
• “[U]nder Arizona law, a person does not have to know that the property that he is using belongs to another in order to establish a prescriptive easement.”

Source: CourtListener parenthetical corpus (CC0).