Scheller v. Pierce County

Citations

• 55 Wash. 298
• 104 P. 277
• 1909 Wash. LEXIS 749

Syllabus

<p>Highways — Establishment^-Pbescription. To create a highway by prescription the use or possession must be open, notorious, continuous and adverse; and none is shown where it appears that the use, in all for about eighteen years, was commenced under a temporary grant of a right of way to a county limited to five years, after which time the county refused to expend money because the right of way had expired or was in dispute, until immediately preceding the commencement of the action, over the owners’ protest, and that the owners at all times paid taxes thereon, and from time to time maintained gates; since nothing transpired to convert the permissive use into an adverse use.</p>