Arkansas Easement by Prescription Cannot be Created Without Adverse Use
The Arkansas Court of Appeals reversed a finding of an easement by prescription in Baysinger v. Biggers, No. 07-99 (10/10/07).
Biggers had been using Baysinger's road since 1961. He filed a lawsuit and obtained a temporary restraining order that required Baysinger to widen a gate on the road so large trucks could fit more easily. The trial court went on to find that Biggers had established an easement by prescription on the road.
The court of appeals reversed, holding that Biggers failed to present any evidence regarding the nature of the use. To obtain an easement by prescription, the use must be open and adverse to the property owner. Length of time, no matter how long, is not enough to create an easement. Biggers relied solely on length of time; he failed to present any evidence at trial that the use was adverse to Baysinger.
