adverse user

A continuous arid exclusive user as of right for as long as the prescriptive period. 25 Am J1st High § 12. A use against the owner of the servient tenement as distinguished from a use under such owner. Zolfinger v Frank, 110 Utah 514, 175 P2d 714, 170 ALR 770. One who uses property as his own under a claim of dominion or right existing in himself to the exclusion of' all other claimants. Use may be open and notorious and still not be adverse. Northern Pacific Ry. Co. v Cash, 67 Mont 585, 216 P 782. An adverse user which will ripen into an casement by prescription is an exclusive, open, visible, or notorious use without license or permission of the true owner of the premises, but with his knowledge arid hostile to him, under a claim to a definite right which can be the subject of a grant, that continues without interruption for the length of the prescriptive period. 17A Am J Rev ed Ease §§ 74 et seq.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

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