Wels v. Hippe’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"It bears some emphasis that the focus is on the extent to which the claimant's use interfered with the owner's own use of the road , not on the extent to which the claimant's use of the road somehow interfered with the owner's use or enjoyment of the property generally. It is only by interfering with the owner's use of the road that the claimant puts the owner on notice of the adverse character of his or her use."”

   1 later decision quote this exact passage · from the concurrence
   e.g. 298 Or. App. 99 - Albany & E. R.R. Co. v. Martell

2. “A critical underpinning of the doctrine thus is that the owner of land against whom a prescriptive easement is being claimed must have reason to know of the adverse use of his or her property before being held responsible for failing diligently to take action to protect it.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 298 Or. App. 99 - Albany & E. R.R. Co. v. Martell

3. “When the use of the servient owner's land is permissive at its inception, the permissive character of the use is deemed to continue thereafter unless the repudiation of the license to use is brought to the knowledge of the servient owner.”

   1 later decision quote this exact passage · from the concurrence
   e.g. 298 Or. App. 99 - Albany & E. R.R. Co. v. Martell