Banks v. Pusey

How courts have described this case

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

• noting that “[r]espondent’s use of the farm lane was permissive when he was a minor and there was no affirmative evidence that it ever ceased to be permissive .... ”
• “All of Maryland’s cases concerning prescriptive easements ... appear to be the progeny of Cox .... ” (internal citations omitted)
• “[Wjhere an individual resides on his parents’ property from the time he or she is a minor, his or her use of the property shall be deemed permissive absent any affirmative evidence of a change in circumstances to adverse use.”
• credibility determinations are within the discretion of the trial court
• “When a person has used a right of way openly, continuously, and without explanation for twenty years it is fair to presume adverse use. In such a case, the burden then shifts to the landowner to show that the use was permissive.” (Citations, brackets, and internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).