White v. Ruth R. Millington Living Trust
Missouri Court of Appeals
785 S.W.2d 782 (1990)
In 1972, Willis White (plaintiff) bought an undeveloped tract of land adjacent to a tract owned by Ruth Millington (defendant). To access his tract, White and his family used a dirt road that connected his property to an improved county road. The dirt road was well defined and ran across Millington’s property. The White family used their property for recreational purposes such as camping, spending most weekends there after they acquired the property. At various times Millington put up barbed wire and a cable to block the dirt road, but the obstacles were removed. Millington did not know that the Whites, specifically, were using the road, but it was apparent that someone was using the road. In 1983, White called Millington and asked if he could cut down some trees on the road. At that point, Millington wrote to White to establish a formal agreement permitting White to use the road. White brought suit, claiming a prescriptive easement over the road. The trial court ruled against White on the ground that Millington did not have notice of White’s use. White appealed.
Rule of Law
Holding and Reasoning (Maus, J.)
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