context: That evidence included the plaintiffs own testimony, which the trial court credited, that, prior to the defendant's construction of the pillars, no one ever had objected to her use of the right-of-way, and she had never sought permission from anyone to use it. It is well established that evidence that the party claiming a prescriptive use never asked for or was given permission to use the property will support a finding that the use was adverse.
citation_a.signal: see
citation_a.parenthetical: "[t]he essence of the determination of whether the claim to the property was made 'as of right' is . . . whether the individual claiming the prescriptive easement acknowledged the ownership rights of the landowner in any way"
citation_a.sentence: See, e.g., Gallow-Mure v. Tomchik, 78 Conn. App. 699, 708, 829 A.2d 8 (2003) (“[t]he essence of the determination of whether the claim to the property was made ‘as of right’ is . . . whether the individual claiming the prescriptive easement acknowledged the ownership rights of the landowner in any way”); id., 709 (plaintiffs testimony that she did not need permission to use right-of-way supported trial court’s determination that she “used [it] as if it were her own property, which is the primary indication that the use was not permissive”); see also McManus v. Roggi, 78 Conn. App. 288, 296, 826 A.2d 1275 (2003) (plaintiffs testimony that “she never asked for permission to use” property at issue supported trial court’s determination that use was adverse); Lisiewski v. Seidel, supra, 72 Conn. App. 874 (testimony that “permission [to use driveway] was never granted” supported determination that use was adverse); DiSorbo v. Grand Associates One Ltd. Partnership, 8 Conn. App. 203, 206, 512 A.2d 940 (1986) (testimony by plaintiffs husband that he used defendant’s driveway “whenever he wanted to and that he never sought permission to use [it]” supported determination of adverse possession).
citation_b.signal: see also
citation_b.identifier: 78 Conn. App. 288, 296
citation_b.parenthetical: plaintiffs testimony that "she never asked for permission to use" property at issue supported trial court's determination that use was adverse
citation_b.sentence: See, e.g., Gallow-Mure v. Tomchik, 78 Conn. App. 699, 708, 829 A.2d 8 (2003) (“[t]he essence of the determination of whether the claim to the property was made ‘as of right’ is . . . whether the individual claiming the prescriptive easement acknowledged the ownership rights of the landowner in any way”); id., 709 (plaintiffs testimony that she did not need permission to use right-of-way supported trial court’s determination that she “used [it] as if it were her own property, which is the primary indication that the use was not permissive”); see also McManus v. Roggi, 78 Conn. App. 288, 296, 826 A.2d 1275 (2003) (plaintiffs testimony that “she never asked for permission to use” property at issue supported trial court’s determination that use was adverse); Lisiewski v. Seidel, supra, 72 Conn. App. 874 (testimony that “permission [to use driveway] was never granted” supported determination that use was adverse); DiSorbo v. Grand Associates One Ltd. Partnership, 8 Conn. App. 203, 206, 512 A.2d 940 (1986) (testimony by plaintiffs husband that he used defendant’s driveway “whenever he wanted to and that he never sought permission to use [it]” supported determination of adverse possession).