Han Farms v. Molitor
Montana Supreme Court
70 P.3d 1238 (2003)
- Written by Rich Walter, JD
Facts
Han Farms, Inc. (Han) (plaintiff) owned land adjacent to a farm owned by Beatrice Molitor (defendant). For many years, Han had used a road through Molitor’s farm to reach a public highway. When traffic to and from Han’s property significantly increased, Molitor complained and threatened to close Han’s access to the road. Han sued, claiming to have a prescriptive easement over Molitor’s road. At trial, the only issue in dispute was whether Han had ever used the road by permission. Han made out a prima facie case that its use of the road had always been adverse to the interests of Molitor and her predecessor in interest. Molitor argued, without evidence, that the predecessor had granted Han permission to use the road. Based on the evidence before it, the trial court entered judgment for Han. Molitor appealed to the Montana Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Regnier, J.)
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