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254 Or. 42

Doan v. Bogart

Oregon Supreme Court

Decided July 24, 1969

Oregon Supreme Court · decided 1969-07-24

Decided 1969-07-24

PER CURIAM.

¶1This is a suit to enjoin defendants from using *43an easement. The .easement was created by deed in 1954 for the purpose of permitting ingress and egress to property now owned by defendants. Plaintiffs’ property is the servient estate. Plaintiffs’ claim title to the property by adverse possession. The trial court agreed. Defendants Mason appeal.

¶2There is no issue of law involved in the case. Decision requires an examination of the evidence to see if it meets the recognized tests for finding adverse possession. This case presents a classic example of such evidence.

¶3Plaintiffs did deliberately occupy the disputed property by walls and other impediments which openly and notoriously precluded defendants’ use of the property for more than the ten year prescriptive period.

¶4The trial court could have reached no other conclusion. We affirm that plaintiffs have acquired title by adverse possession.

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