Northern Counties Investment Trust, Ltd. v. Enyard

Citations

• 24 Wash. 366
• 64 P. 516
• 1901 Wash. LEXIS 541

Syllabus

<p>ADVERSE POSSESSION-OCCUPATION OP RIGHT OP WAT-WHEN CONSISTENT WITH EASEMENT.</p> <p>Where a portion of the land granted to a railway for right of way purposes was, during its non-user by the railway, fenced and cultivated by the grantor of the easement and his successors for a period of more than ten years, no title by adverse possession inured to them, since the mere occupation of a portion of a right of way by the owner of the servient estate is not inconsistent with the easement, but must be construed as permissive, in the absence of acts upon his part actually tending to prevent the use of the right of way for railway purposes.</p>