Roberts v. Jaeger

Citations

• 5 Alaska 190
• 1914 U.S. Dist. LEXIS 1878

Syllabus

<p>1. Easements <&wkey;5—Prescription.</p> <p>There can be no question that, to establish a prescriptive right to easement, the user must have 'been open, continuous, and adverse, under claim of title or right, and with the knowledge and acquiescence of the owner of the servient estate.</p> <p>2. Adverse Possession <&wkey;58—Easements.</p> <p>Before title will be gained by prescription, there must be an invasion of the rights of the party against whom it is set up, and of such character as to afford him ground Qf action.</p> <p>3. Adverse Possession &wkey;>68, 85(1), 114(1)—Evidence.</p> <p>It is a well-established rule that the doctrine of adverse possession is to be taken strictly, and not to be made out by inference, but by clear and positive proof. Every presumption, it is said, is in favor of possession in subordination to the title of the true owner. The possession must be under claim and color of title, and exclusive of any other right.</p> <p><@=»See same topi£ & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>