Leekley v. Dewing

How courts have described this case

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

• explaining that some courts refuse to apply the neighbor accommodation exception to a road passing near a barn or residence
• noting that the exception arose “because it was the custom of neighbors to travel over such land for pleasure or convenience and the owners usually made no objection to their doing so.... ”
• “[U]se in wild, unoccupied territory would not be apt to be brought to the actual notice of the owner so that he [or she] could object.”
• “Some courts have held that the scope of this doctrine does not extend to unenclosed woodland[s] forming part of a plantation or to a road passing near a barn or a residence.” (citation omitted)
• We held that the “woodlands exception” did not apply because the property at issue was not “wild or unoccupied territory!,]” but rather was “a regularly traveled way that ran for much of the time to a clearing!,] on which stood an inhabited dwelling!,] which was visible from the main road.”

Source: CourtListener parenthetical corpus (CC0).