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· 1/15/1872

Barbour v. Pierce

Citations

  • 42 Cal. 657

Syllabus

<p>Bight of Way by License.—Where a party uses a way over land belonging to another, by agreement with the owner of the land, and the land is sold to a third party without notice of the arrangement as to the right of way, the third party is not bound by the arrangement.</p> <p>Idem.—In order to maintain a right of way, acquired by parol license, as against a purchaser from the one who gave the license, the one claiming such right of way must show a right based on prescription.</p> <p>Same, how Bipenbd into Perfect Title.—The use of a way which began under a parol license, may, by prescription, ripen into a perfect title; but in such case the user must have been exercised under a claim of right for the period prescribed for the Statute of Limitations.</p>

Judges: Rhodes

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