Lechman v. Mills

Citations

• 46 Wash. 624
• 91 P. 11
• 1907 Wash. LEXIS 675

Syllabus

<p>Easements — By Prescription — Parol Grant — License. Yerbal authority to conduct and impound water for a water power, granted by the occupant of land under agreement to make a deed upon acquiring title, in consideration of the grantee’s constructing and operating a sawmill on his adjoining land, is more than a revocable license, and amounts to an easement by prescription, where the grantor acquiesced in the incurring of expense and in such use of the land for twenty-five years.</p> <p>Same — Presumptions—Adverse Possession. The continued use of a canal for 25 years across the lands of another for a water power for extensive mills on adjoining land is presumed to be adverse, until the contrary is shown.</p> <p>Same — Oral Grant. An easement by prescription, used under claim of right for the statutory period, is not deprived of its adverse character by reason of the fact that it was originally granted by parol..</p>