6.10 Permissive Use

• Library: Real Estate Practice Deskbook (2019 Ed.)

C. (§6.10) Permissive Use

One of the defenses to the establishment of an easement by prescription is that the roadway was used by permission of the owner. In the absence of some showing, however, that the use was permissive in its origin, when someone claims an easement by prescription and shows an open, continuous, visible, and uninterrupted use for the statutory period, the burden is cast on the landowners to show that the use was permissive rather than adverse. Fassold v. Schamburg, 166 S.W.2d 571, 572 (Mo. 1942); Dalton v. Johnson, 320 S.W.2d 569, 573 (Mo. 1959)...