Harambasic v. Owens

In Harambasic v. Owens, 186 Ariz. 159, 920 P.2d 39 (App. 1996) the Court acknowledged the apparent conflict in LaRue that confused the trial court here. The court in Harambasic recognized the presumption, adopted by Gusheroski and subsequently followed by our courts, that a "'use will be presumed to be under a claim of right, and not by license of the owner,'" once "'the claimant has shown an open, visible, continuous, and unmolested use of the land'" for the statutory period. Harambasic, 186 Ariz. at 160-61, 920 P.2d at 40-41.