Trewin v. Hunter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• lack of evidence of who constructed a commonly used road creates presumption “that the servient owner constructed it for his own use” and that the neighbor’s use is permissive, not adverse
• if claimant and servient owner use an existing way of unknown origin, “it should be presumed that the servient owner constructed it for his own use” and that the claimant’s use is permissive
• if claimant and servient owner use an existing way of unknown origin, “it should be presumed that the servient owner constructed it for his own use” and that the claimant’s use is permissive

Source: CourtListener parenthetical corpus (CC0).