Smyre v. Board of County Commissioners

Citations

• 89 Kan. 664
• 132 P. 209
• 1913 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COÜRT.</p> <p>1. Adjoining Buildings — Access to Second, Story by One Stairway — License to Use — How Established. A license to the owner of a building permitting access to his second story by a stairway of an adjoining owner may be established by parol evidence of subsequent ratification as well as by evidence of precedent authority.</p> <p>2. -License to Use Stairway is Transferable. When such license has been so far executed that a revocation thereof would be a fraud upon the rights of the licensee, an equitable right arises capable of being transferred to third persons and binding on all parties who claim through or under the licensor with notice.</p> <p>3. - Acquiescence May Constitute License to Use a Stairway. Where two persons who own adjoining lots have erected thereon a building according to a common plan by which the only access to the second story of the part belonging to one of them is through a hall and stairway built wholly upon the part belonging to the other, the acquiesence by the latter in the contined use of such passageway by the former will constitute a license.</p> <p>4. - Subsequent Owner — Continued Use of Stairway — License Implied. Where a subsequent owner of the premises upon which the stairway was erected, with full knowledge of the facts, permits the continued use of the same by the adjoining owner, a license will be implied from his failure to object.</p>