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IRVIN v. BRAND

No. 81CA0912.

690 P.2d 1283 (1984)

Robert J. IRVIN, d/b/a Wind River Ranch, Billy Nelson Adams and Peggy Wood Adams, d/b/a Aspen Lodge, Joel F. Kleeves and Jean Ann Kleeves, d/b/a Double JK Ranch, RJA, Inc., d/b/a Longs Peak Inn, and Cheley Colorado Camps, Inc., Plaintiffs-Appellants, v. Vance D. BRAND, a/k/a Vance Devoe Brand, and all unknown persons who may have interest in the matter of this action, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 23, 1984.

Certiorari Denied November 5, 1984.

Attorney(s) appearing for the Case

Randolph W. Starr, P.C., Randolph W. Starr, Stanley T. Matsunaka, Loveland, for plaintiffs-appellants.

Calkins, Kramer, Grimshaw & Harring, Wayne B. Schroeder, Timothy E. Young, Denver, for defendants-appellees.

KELLY, Judge.

The plaintiffs brought this action in August 1980, claiming an easement by prescription over portions of land owned by defendant Brand. The trial court ruled that the plaintiffs had failed to establish that their use of the land was hostile to Brand's rights, since the original use was permissive. It therefore quieted title in Brand. The plaintiffs argue that Brand did not prove that the original use was permissive and that a presumption of adverse ...

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