HARAMBASIC v. OWENS

No. 1 CA-CV 95-0344.

186 Ariz. 159 (1996)

920 P.2d 39

Louis HARAMBASIC and Lula Harambasic, husband and wife, Plaintiffs-Appellees, v. Eric Robert OWENS, a married man dealing with his sole and separate property; Lief Robert Owens, a married man dealing with is sole and separate property; Garth Robert Owens, a married man dealing with his sole and separate property; Homer Owens, a married man dealing with his sole and separate property, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department E.

June 27, 1996.


Attorney(s) appearing for the Case

Murphy, Lutey, Schmitt & Beck by Bruce E. Rosenberg, Prescott, for Defendants-Appellants.

Law Offices of L. Richard Mabery by L. Richard Mabery, Prescott, for Plaintiffs-Appellees.


OPINION

KLEINSCHMIDT, Judge.

This is an appeal from an order of the trial court granting a landowner a prescriptive appurtenant easement over a neighbor's property. We reaffirm the rule that when a person uses an easement over the land of another in an open, visible, continuous and unmolested manner, there is a presumption that the use is hostile to the title of the owner of the land, and under a claim of right, as opposed to the use being permissive...

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