Coleman v. Kilpatrick’s Empirical Analysis

Citation profile

1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “""`To establish an easement by prescription, the claimant must use the premises over which the easement is claimed for a period of twenty years or more, adversely to the owner of the premises, under claim of right, exclusive, continuous, and uninterrupted, with actual or presumptive knowledge of the owner. The presumption is that the use is permissive, and the claimant has the burden of proving that the use is adverse to the owner. "'"”

   1 later decision quote this exact passage
   e.g. Hanks v. Spann

2. “"Without having first determined who owned the driveway, the trial court *Page 403 could not have granted either party a right of way or an easement by prescription in the driveway, because in order to establish an easement by prescription, use of the disputed area must be adverse to the owner , and under a claim of right, exclusive, continuous, and uninterrupted with knowledge of the owner. "”

   1 later decision quote this exact passage
   e.g. Hanks v. Spann

3. “the trial court erred in granting the parties a right of way or an easement by prescription over the driveway without having determined who owned the driveway.”

   1 later decision quote this exact passage
   e.g. Hanks v. Spann