Kirby v. Hook

How courts have described this case

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

• holding that use based on an ineffective oral grant of easement was adverse, not permissive
• holding that use based on an ineffective oral grant of easement was adverse, 10 not permissive
• applying an exception to the “general rule [that] permissive use can never ripen into a prescriptive easement ... where there has been an attempt to grant an irrevocable easement which is void because of the statute of frauds”
• applying an exception to the \general rule [that] permissive use can never ripen into a prescriptive easement ... where there has been an attempt to grant an irrevocable easement which is void because of the statute of frauds\
• “When a person has used a right of way openly, continuously, and without explanation for twenty years, it is presumed that the use has been adverse under a claim of right. The burden then shifts to the landowner to show that the use was permissive.”

Source: CourtListener parenthetical corpus (CC0).