Phœnix Insurance v. Haskett

Citations

• 64 Kan. 93
• 67 P. 446
• 1902 Kan. LEXIS 171

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Basement — Definition —Creation. An easement for a private way is an interest in lands, and cannot be created by a parol grant.</p> <p>2. -Prescription — Use by License. To obtain an easement for a private way by prescription, the use of such private way must be substantially such a use as, if applied to land, would give title by adverse occupancy. It must have been continuous, exclusive to the extent the nature of the use will permit, and adverse. A use under a mere license will not ripen into an easement by prescription.</p>