(Download) "Stetson v. Youngquist Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: Stetson v. Youngquist Et Al.
- Author : Supreme Court of Montana
- Release Date : January 08, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Adverse Possession ? Right of Way for Ditch ? Easements ? Payment of Taxes not Prerequisite. Easements ? Adverse Possession ? Nature of Title. 1. The title to an easement acquired by prescription is as effective as though evidenced by a deed. Easements ? Ditches ? Right of Way ? Adverse Possession. 2. Where plaintiff in an action to enjoin defendants from interfering with his use of a ditch constructed by him over their - Page 601 lands on the theory that he had a right to do so, had used it openly, visibly and continuously and without being molested in its use by anyone for more than ten years, the presumption obtains that his use was under a claim of right and not by license of the owners, to overcome which presumption the defendants had the burden of showing that his use was permissive only, in the absence of which showing plaintiffs use is deemed to have been adverse to defendants. Adverse Possession ? Rule. 3. Adverse possession of land is one of intention, the intention to be discovered from all the circumstances of the case; assertions by the occupant are not essential, customary acts of ownership and control of the land inconsistent with the title and possession of the true owner, constituting such an invasion of the latters rights as to have given him a right of action against the claimant during the entire ten-year period, being sufficient. Same ? Easement for Ditch ? Payment of Taxes not Prerequisite. 4. An easement for a ditch appurtenant to land is not subject to taxation independently of the land; hence the provision of section 9024, Revised Codes, 1921, that adverse possession shall not be considered established unless the claimant has for the full statutory period of ten years paid the taxes upon the property claimed adversely, has no application where the subject of the adverse possession alleged is a right of way for a ditch.
 "Stetson v. Youngquist Et Al." by Supreme Court of Montana * eBook PDF Kindle ePub Free){kind=link}