Kolouch v. Kramer

How courts have described this case

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

• applying principle that servient estate owner’s use must be clearly inconsistent with easement holder’s interest to be adverse
• applying principle that servient estate owner's use must be clearly inconsistent with easement holder's interest to be adverse
• servient owner’s acts of planting trees, erecting fence and constructing concrete irrigation diversion not adverse when undertaken before dominant owner’s need to use easement arose
• “[Wjhere the easement was created, but no occasion has arisen for its use, the owner of the servient tenement may plant trees, erect a fence, etc. and such use will not be deemed to be adverse (or inconsistent ... ), until the need to use the easement arises.... ”
• reasonable use of an easement

Source: CourtListener parenthetical corpus (CC0).