HASSINGER v. KLINE


91 A.D.2d 988 (1983)

Joseph J. Hassinger et al., Appellants, v. Frank Kline et al., Respondents, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 10, 1983


Judgment affirmed, with costs.

In the case at bar, the neighborly relationship between plaintiffs, their predecessors in title and defendants' predecessors in title, created an implication that the use of the disputed roadway was permissive (see, generally, 3 Powell, Real Property, Easements and Licenses, par 413, p 34-108). Where permission can be implied from the beginning, no adverse user may arise until there is an assertion of a hostile right which is made known...

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