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SCHOLES v. POST OFFICE CANYON RANCH

No. 12260.

852 P.2d 683 (1992)

115 N.M. 410

Robert SCHOLES and Catherine Scholes, Plaintiffs-Appellees, v. POST OFFICE CANYON RANCH, INC., William C. Miller, Sr., Adeline Miller, William C. Miller, Jr., and Carol Miller, Defendants-Appellants.

Court of Appeals of New Mexico.

July 6, 1992.

Attorney(s) appearing for the Case

Grove T. Burnett, Steven Sugarman, Glorieta, for plaintiffs-appellees.

Steven L. Tucker, Jones, Snead, Wertheim, Rodriguez & Wentworth, P.A., Santa Fe, for defendants-appellants.

OPINION

BIVINS, Judge.

Defendants appeal from an order and judgment finding Plaintiffs the owners of a prescriptive easement over Defendants' property for the purpose of access to Plaintiffs' home. The sole issue raised is whether, as a matter of law, a presumption of adverse use can arise where the claimed prescriptive easement traverses large, open, and unenclosed private lands (referred to as the "neighbor accommodation

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