Bundy v. Shirley

How courts have described this case

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

• providing that to establish continuous use for the purposes of a prescriptive easement, a party need not show that the use is continuous to him personally
• providing that because \a prescriptive easement results in diminished rights of the property owner . . . a claimant seeking a prescriptive easement must be held to a strict standard of proof\ and therefore \has the burden of proving all elements by clear and convincing evidence\
• \[A] party claiming a prescriptive easement has the burden of proving all elements by clear and convincing evidence.\
• \[A] party claiming a prescriptive easement has the burden of proving all elements by clear and convincing evidence.\ (emphasis added)
• \[A] claimant seeking a prescriptive easement must be held to a strict standard of proof.\ (emphasis added)
• \The determination of the existence of an easement is a question of fact in a law action.\

Source: CourtListener parenthetical corpus (CC0).