5 Vermont opinions name it 1 courts 1974–2011 0 in the last five years
The cases below were cited by Vermont courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Barber v. Baileygreen2 sentences1989Barber v. Bailey, 86 Vt. at 223 , 84 A. at 611 . *160 The trial court noted in its order (without further comment), and the defendant argues, that not this presumption but the presumption that public use of private property is by permission should apply. 1989Barber v. Bailey, 86 Vt. at 223 , 84 A. at 611 . *160 The trial court noted in its order (without further comment), and the defendant argues, that not this presumption but the presumption that public use of private property is by permission should apply. | 1 | 2 |
State v. Goyettegreen2 sentences2011See Goyette, 156 Vt. at 602 , 594 A.2d at 438 . 2011See Goyette, 156 Vt. at 602 , 594 A.2d at 438 . | 1 | 1 |
Begin v. Baronegreen2 sentences1989See Begin v. Barone, 124 Vt. 421, 423 , 207 A.2d 252, 254 (1965); Gore v. Blanchard, 96 Vt. at 241 , 118 A. at 893 . 1989See Begin v. Barone, 124 Vt. 421, 423 , 207 A.2d 252, 254 (1965); Gore v. Blanchard, 96 Vt. at 241 , 118 A. at 893 . | 1 | 1 |
Zuanich v. Querogreen2 sentences1979See Zuanich v. Quero, 135 Vt. 322, 325 , 376 A.2d 763, 765 (1977). 1979See Zuanich v. Quero, 135 Vt. 322, 325 , 376 A.2d 763, 765 (1977). | 1 | 1 |
Arbuckle v. Wardgreen1 sentence1974Chief Justice Redfield observed in Arbuckle v. Ward, 29 Vt. 43, 53 (1856), that: [T]he mere use, if so open and notorious as obviously to attract the notice of the owner of the soil, or if expressly shown to have come to his knowledge, will prima facie establish the right, and it will be incumbent upon the owner to show in some mode that it was not used under a claim of right... , or that he did not understand it, and was not bound to so regard it from the nature and extent of the use. *404 Open and notorious use, without countervailing evidence of permission, gives rise to a presumption of cl | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Vermont. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Gore v. Blanchard
green
2 sentences1989See Begin v. Barone, 124 Vt. 421, 423 , 207 A.2d 252, 254 (1965); Gore v. Blanchard, 96 Vt. at 241 , 118 A. at 893 . 1989See Begin v. Barone, 124 Vt. 421, 423 , 207 A.2d 252, 254 (1965); Gore v. Blanchard, 96 Vt. at 241 , 118 A. at 893 . | 1 | 1989–1989 |
Russell v. Pare
green
2 sentences1979Under our law, possession such as involved here, “without countervailing evidence of permission, gives rise to a presumption of claim of right,” and “the use of the disputed parcel under a prima facie and evidentiarily established claim of right firmly establishes the hostility of that use.” Id., 321 A.2d at 82-83 . 1979Under our law, possession such as involved here, “without countervailing evidence of permission, gives rise to a presumption of claim of right,” and “the use of the disputed parcel under a prima facie and evidentiarily established claim of right firmly establishes the hostility of that use.” Id., 321 A.2d at 82-83 . | 1 | 1979–1979 |
Higgins v. Ringwig
green
1 sentence1974Higgins v. Ringwig, supra, 128 Vt. at 538-39 . | 1 | 1974–1974 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.