Mulcahy v. Verhines

How courts have described this case

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

• noting that the hostility element “does not imply ill will” and that “[t]he claimant is not required to make express declarations of adverse intent during the prescriptive period”
• prescriptive easement is the right to use the land of another for a specified purpose
• “[U]se that is made pursuant to the terms of an intended but imperfectly created servitude can establish a prescriptive easement when all the other requirements for such an easement are met.”
• “Adverse or hostile use is use that is inconsistent with the right of the owner, without permission asked or given, that would entitle the owner to a cause of action against the intruder for trespassing.”

Source: CourtListener parenthetical corpus (CC0).