adverse use claim in Arkansas

26 Arkansas opinions name it 2 courts 1980–2025 5 in the last five years

The cases below were cited by Arkansas 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.

Followed or applied (1)

Case	Followed	Cited
Wilson v. Schumangreen arkctapp · 2005 · cited in 2 Arkansas opinions naming this issue, 2019–2025 2 sentences 2025See Wilson, 90 Ark. 2025See Wilson, 90 Ark.	1	2

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (12)

Case	Cited	Years
Stone v. Halliburton green ark · 1968 2 sentences 2022Owners Assoc. of Foxcroft Woods, 9 supra; Stone v. Halliburton, 244 Ark. 392 , 425 S.W.2d 325 (1968). 2022Owners Assoc. of Foxcroft Woods, 9 supra; Stone v. Halliburton, 244 Ark. 392 , 425 S.W.2d 325 (1968).	6	1980–2022
Owners Ass'n of Foxcroft Woods, Inc. v. Foxglen Associates green ark · 2001 2 sentences 2025Owners Ass’n of Foxcroft Woods, Inc., 346 Ark. 354, 57 S.W.3d 187. 2025Owners Ass’n of Foxcroft Woods, Inc., 346 Ark. 354, 57 S.W.3d 187.	4	2011–2025
Burdess v. Arkansas Power & Light Co. green arkctapp · 1980 2 sentences 1999Citing Burdess v. Arkansas Power & Light Co., 268 Ark. 901 , 597 S.W.2d 828 (1980), he asserts that use of a roadway over unenclosed and unimproved land is deemed to be permissive and there must be some overt activity on the part of the user that an adverse use and claim of right is being asserted. 1999Citing Burdess v. Arkansas Power & Light Co., 268 Ark. 901 , 597 S.W.2d 828 (1980), he asserts that use of a roadway over unenclosed and unimproved land is deemed to be permissive and there must be some overt activity on the part of the user that an adverse use and claim of right is being asserted.	2	1999–2022
Five Forks Hunting Club, LLC v. Nixon Family Partnership neutral arkctapp · 2019 2 sentences 2022A prescriptive easement may be created only by the adverse use of privilege with the knowledge of the person against whom the easement is claimed or by use so open, notorious, and uninterrupted that knowledge will be 3 presumed, and the use must be exercised under a claim of right adverse to the owner and acquiesced in by him. 2019 Ark. 2020Five Forks Hunting Club, LLC, 2019 Ark.	2	2020–2022
Edge v. Sutherland green arkctapp · 2015 2 sentences 2020Id. 2018Id.	2	2018–2020
Carson v. County of Drew green ark · 2003 2 sentences 2012Id. at 626 , 128 S.W.3d at 426 . 2012Id. at 626 , 128 S.W.3d at 426 .	2	2005–2012
Manitowoc Remanufacturing, Inc. v. Vocque green ark · 1991 2 sentences 1996In so arguing, appellants, as well as the dissent, rely on the familiar rule of law spoken of in the decision of Manitowoc Remanufacturing, Inc. v. Vocque, 307 Ark. 271 , 819 S.W.2d 275 (1991), where it is said: Overt activity on the part of the user is necessary to make it clear to the owner of the property that an adverse use and claim are being exerted. 1996In so arguing, appellants, as well as the dissent, rely on the familiar rule of law spoken of in the decision of Manitowoc Remanufacturing, Inc. v. Vocque, 307 Ark. 271 , 819 S.W.2d 275 (1991), where it is said: Overt activity on the part of the user is necessary to make it clear to the owner of the property that an adverse use and claim are being exerted.	2	1996–2004
Kelley v. Westover green arkctapp · 1997 1 sentence 2019Kelley v. Westover, 56 Ark.	1	2019–2019
Roberts v. Jackson neutral arkctapp · 2011 1 sentence 2012Id.	1	2012–2012
Childress v. Richardson green arkctapp · 1984 1 sentence 1997Childress v. Richardson, 12 Ark.	1	1997–1997
Chapin v. Talbot green arkctapp · 1984 1 sentence 1987Id.	1	1987–1987
Zunamon v. Jones green arkctapp · 1981 2 sentences 1984We pointed out in Zunamon v. Jones, 271 Ark. 789 , 610 S.W.2d 286 (Ark. 1984We pointed out in Zunamon v. Jones, 271 Ark. 789 , 610 S.W.2d 286 (Ark.	1	1984–1984

Statutes the citing opinions construe

AR § Ark. Code Ann. § 18-11-106 (9) AR § Ark. Code Ann. § 18-61-101 (7)

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.

Where else courts name it

AR 26 (1980–2025) NH 4 (2001–2022) IL 2 (1915–1977) ID 2 (2008–2022)

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.

← Caselaw search · G Cite Topics · Brief Check

Your account

Appearance