Holbrook v. Taylor pg.363
Author: Lynn

Facts: Land-owners had permission to use the driveway of another land-owners.  They built a house and had workers use the driveway.  After they build the house, the defendant build a fence across the driveway.  This was not a prescriptive easement case because the plaintiff’s had authorization to use the driveway.  The plaintiff sued for easement by estoppel

Procedure: Case out of the Kentucky supreme Court.

Issue: Whether or not the plaintiff’s license to use the driveway could become an easement through estoppel.

Holding: Yes.  The right to use a roadway of another’s land can be established by estoppel.

Reasoning: The rule here is- that where a license is not a bare, naked right of entry, but includes the right to erect structures and acquire an interest in the land in the nature of an easement by the construction of improvements thereon, the licensor may not revoke the license and restore his premises to their former condition after the licensee has exercised the privilege given by the license and erected the improvements at considerable expense…We use an estoppel because the plaintiff’s relied on this promise to use the road.

Decision: Plaintiff can use driveway.