Top of the Town, LLC v. Somers Sportsmen's Ass'n
In Top of the Town, LLC v. Somers Sportsmen's Ass'n, 69 Conn. App. 839, 842, 797 A.2d 18, cert. denied, 261 Conn. 916, 806 A.2d 1058 (2002), the Court used the term "consent" while setting forth the standard for establishing adverse possession rights. In that decision, we indicated that the possession must be "without consent." Top of the Town, LLC v. Somers Sportsmen's Ass'n, supra, 842.
However, the term was not used in lieu of "permission," and was not modified by "express or implied." Further, we acknowledged that a claim of adverse possession was distinct from a prescriptive easement claim by stating:
"As with a prescriptive easement, implied permission by the true owner is not adverse." Id., 845