Meade v. City of Topeka

Citations

• 75 Kan. 61
• 88 P. 574
• 1907 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Highways — Acquisition by Adverse User. A grant of a tract of land for a public highway will be presumed when it is proved that the public has had the exclusive, uninterrupted possession and use thereof for such purpose for a period of time which would bar an action for the recovery of real estate.</p> <p>2. - Burden of Proving Permissive Use. Under such circumstances the burden of showing that the use was permissive is upon the owner of the title.</p> <p>3. -Presumptive Grant — Limitation. Such presumptive grant cannot be broader than the user; it is therefore confined to the tract actually used;</p>