Burke-Tarr Company v. Ferland Corporation

How courts have described this case

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

• acknowledging that “an inference of permissive use * * * would defeat the element of hostile use”
• acknowledging that “an inference of permissive use * * * would defeat the element of hostile use”
• distinguishing landowner’s “express or implied permission,” which will defeat a claimed easement, from landowner’s mere awareness, which will not
• a landowner’s knowledge of how his or her land is used, without a grant of permission or objection, is insufficient to establish express or implied permission
• a landowner’s knowledge of how his or her land is used, without a grant of permission or objection, is insufficient to establish express or implied permission
• landowner’s testimony that she was unaware that the installed water line significantly exceeded the area specified in the leased right of way, coupled with her failure to object to the installation of a water line or to its continued use, was insufficient to show permissive use

Source: CourtListener parenthetical corpus (CC0).