Forrester v. Kiler

How courts have described this case

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

• noting that “Wilson and Leekley both recognized that, in determining whether a prescriptive easement exists, permission will be presumed in the case of wooded, unenclosed land.”
• The Court of Special Appeals held that the “woodlands exception” applied because the right of way “passed through [ ] wooded, unenclosed land” and the lot was “entirely wooded[.]”
• The Court of Special Appeals held that the “woodlands exception” applied because the right of way “passed through [ ] wooded, unenclosed land” and the lot was “entirely wooded[.]”
• “[A] landowner who quietly acquiesces in the use of a path, or road, across his uncultivated land, resulting in no injury to him, but in great convenience to his neighbor, ought not to have thereby lost his rights.” (quotation omitted)
• “Based on our review of the record, and on our understanding that in a bench trial it is the function of the trial judge to weigh[ ] conflicting evidence, we hold that his conclusion was not clearly erroneous.”

Source: CourtListener parenthetical corpus (CC0).