Koch v. Packard, 294 P.3d 338 (Kan. Ct. App. 2012)

(the appellee claimed that a roadway across the appellant’s land gave him access to his tract and that the other party had obstructed the access by installing a gate; other party sued for damages and a permanent injunction to bar interference with alleged easement; at the time appellee bought his tract, he was told that the roadway was his access to the property and that was no other roadway to the land; appellee also obtained a warranty deed to the property that included a “perpetual road easement” for the purpose of ingress and egress to the property; appellee never requested permission to use the roadway because he thought he had acquired use of the roadway when he bought the property; evidence also showed that appellee and his invitees used the roadway and that the appellee had tried to maintain the roadway on one occasion; other parties had also used the roadway for many years up to the present time; trial court ruled for appellee; on appeal, court reversed noting that testimony of parties showed that persons other than appellee used roadway, even before appellee bought property; lack of exclusive use of the property was decisive; appellee could not acquire a prescriptive easement without establishing exclusive use; trial court’s judgment reversed).