9.23 Adverse (hostile) Use

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

(4) (§9.23) Adverse (Hostile) Use

Occasional entries or temporary use or occupation will not suffice to establish adverse use. See Phillips v. Sommerer, 917 S.W.2d 636, 641 (Mo. App. W.D. 1996); Brown v. Evans, 182 S.W.2d 580, 583 (Mo. 1944).

But the element of "adversity is commonly inferred, rather than directly proved. Proof that a particular use of another's land has in fact occurred normally justifies a finding that the use has been adverse." Whittom v. Alexander-Richardson P'ship, 851 S.W.2d 504, 509 (Mo. banc 1993) (citation omitted). But see Soderholm v. Nauman, 409 S.W.3d 382, 391 (Mo. App. W.D. 2013) (while a party claiming a right of use is typically allowed a presumption that the

...