Banks v. Pusey, 393 Md. 688, 904 A.2d 448 (2006)

Son who had lived on farm as a minor brought action against farm’s current owners claiming prescriptive easement for right-of-way across farm. The Circuit Court, Worcester County, Theodore R. Eschenburg, J., entered judgment for son. Farm owners appealed, and the Court of Special Appeals affirmed.  Farm owners petitioned for writ of certiorari.  The Court of Appeals granted certiorari, and the Court, Cathell, J., reversed and remanded the case with instructions, holding that: (1) use of lane was presumed permissive such that son did not have a prescriptive easement to use lane and (2) use of lane by son’s third-party invitees was consistent with son’s permissive use and thus did not constitute an adverse use.