Sexton v. Holt

Citations

• 91 Kan. 26
• 136 P. 934
• 1913 Kan. LEXIS 328

Syllabus

<p>' SYLLABUS BY THE COURT.</p> <p>1. License — Easement—Prescription—Adverse Possession. Use under a license will not ripen into an easement by prescription, however long continued. Use according to permission to use is not adverse. To be adverse the use must be under a claim of right with the knowledge of the owner of the estate but without his consent.</p> <p>2. - Same. The foregoing rules applied in an action to prevent the obstruction- of a driveway between the lands of two brothers, created by oral agreement for their mutual convenience and used in common for a period of more than fifteen years.</p>