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HANSCAM v. SOUSA

No. C80-6-84; CA 19918.

641 P.2d 86 (1982)

56 Or.App. 117

Merle A. HANSCAM and Hazel I. Hanscam, Husband and Wife, Appellants, v. Donald E. SOUSA and Sherrie M. Sousa, Husband and Wife, Respondents.

Court of Appeals of Oregon.

Decided February 22, 1982.

Attorney(s) appearing for the Case

John C. Babin, Brookings, argued cause for appellants. With him on briefs was Coutrakon, Hoselton & Babin, Brookings.

David W. Hittle, Salem, argued cause for respondents. With him on briefs was Olson, Hittle, Gardner & Evans, Salem.

Before GILLETTE, P.J., YOUNG, J., and ROBERTS, J. Pro Tem.

YOUNG, Judge.

This is an action to enjoin a continuing trespass on real property. Defendants claimed an easement by prescription to use a driveway on plaintiffs' land. The trial court found for the defendants, and plaintiffs appeal.1 We review de novo and affirm.

The evidence is not in dispute. In 1947, plaintiffs constructed a driveway on their property for access to their home. The driveway was along the north boundary...

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