KONDOR v. PROSE

No. 78-1358-E; CA 16885.

622 P.2d 741 (1981)

50 Or.App. 55

Elizabeth K. KONDOR and Irene Kondor, Trustees of the Kondor Family Trust, Respondents, v. Dwayne PROSE and Barbara Prose, Appellants.

Court of Appeals of Oregon.

Decided January 19, 1981.


Attorney(s) appearing for the Case

Walter L. Cauble, Grants Pass, argued the cause for appellants. With him on the briefs was Schultz, Salisbury & Cauble, Grants Pass.

Jack Davis, Ashland, filed the brief for respondents.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

Defendants appeal from a decree declaring that plaintiffs have an easement by prescription over a certain road through defendants' property which provides the only existing access to plaintiffs' parcel. Defendants contend that the ten-year prescriptive period (ORS 12.050) was interrupted by erection of a gate across the road in question and that the plaintiffs failed to prove that use of the road by their predecessors and others was sufficiently continuous...

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