Court of Appeals of Maryland· 8/1/2006

Banks v. Pusey

Citations

904 A.2d 448
393 Md. 688
2006 Md. LEXIS 472

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).

Judges: Cathell

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Cited by

18 cases in this archive cite this case.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

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