Road Law Blog
CONFLICTING PRESUMPTIONS Adverse Use and Permissive Use
In cases involving historic roads, the parties and the court are often confronted with large time periods during which the public traveled over the land route at issue. The surface character of the road and its appearance may clearly and unquestionably indicate continuous travel over its surface by vehicles of one form or another. Yet, all persons who traveled the road. and predecessors in title to the servient estate, are dead and unavailable to testify as to permissive or adverse use. Read more…