Laserfiche WebLink
M <br />(3) No maintenance on the south side of the 1.avoment <br />within 160 feet of the river. <br />(4) No maintenance whatsoever within 139 feet of the <br />river. <br />4. P Public Perscriptive Easement ---As set forth by <br />the courts, is a means whereby the public may gain a right of <br />passage across the lands of another. The requirements of obtaining <br />this easement are as follows: <br />(A) There must be actual continuous, uninterrupted use, <br />by the claimant, of the lands of another for twenty (20) years and <br />(B) It must be with: <br />(1) The knowledge of the owner or <br />(2) Adverse under claim of right or <br />A <br />(3) So open, notorious and visable that Xnpwledg, <br />t <br />to the owner is imputed and <br />(C) The use or possession must be inconsistent, with, the <br />owners use and enjoyment and <br />(D) It must not be a permissive use. <br />(E) In addition, you must show as to the way claimed: <br />1. Width <br />e <br />2. A definiteroute <br />3, Termini <br />DISCUSSION: <br />(A) We know that both Babb and Holmes have clammed, th© <br />land as theirs since the 1930's. It would seem therefore that any <br />claim of perscription would have to date prior to that time. <br />(B) Is open to conjecture. <br />(C) If both the owner.and the public can use a property <br />for the same purpose, as was done in our situation, the use is not <br />inconsistent and cannot develope into an easement. Unless the oc-:ler <br />loses something, the public gains nothing. The mere fact that your <br />neighbor uses your road while in no way interfering with your use <br />Of it does not give your neighbor any claim in it. <br />SUMMARY: <br />As can be seen from the facts set forth, the county has, <br />at best, a tenuous claim to that portion of Government Lot 3 <br />i <br />JAN 141991 45 <br />