Nice v. Priday

How courts have described this case

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

• holding that landowners may rebut the presumption of adversity by “proving express permission, or by evidence showing that [the claimants] used the existing road in a way that did not interfere with the [landowners’] use”
• on de novo review, finding that defendants rebutted presumption of adverse use and plaintiffs failed to prove adverse use where claimed easement was based on use of road in common with others and where defendants had put gate up on road but gave plaintiffs a key
• plaintiffs’ claims defeated by permissive use

Source: CourtListener parenthetical corpus (CC0).