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White v. Ruth R. Millington Living Trust

Missouri Court of Appeals

785 S.W.2d 782 (1990)

Relevant factsFree

White (plaintiff) bought undeveloped recreational land in 1972 and used a dirt road crossing Millington's (defendant) adjoining property to reach it almost every weekend for camping, while Millington periodically erected and had removed barbed wire and a cable blocking the road, aware someone was using it though not specifically that it was White. In 1983, after White asked to cut trees on the road, Millington sought to formalize a permission agreement; White sued claiming a prescriptive easement, and the trial court ruled against him for lack of Millington's notice of his specific use, and White appealed.

IssueFree

Whether a party acquires a prescriptive easement when the use of another's land is continuous, visible, and adverse for at least ten years.

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