STONE v. HENRY ENTERPRISES, INC.

E86-1724; CA A48061.

768 P.2d 442 (1989)

95 Or.App. 355

David R. STONE, Respondent, v. HENRY ENTERPRISES, INC., an Oregon Corporation, Appellant.

Court of Appeals of Oregon.

Decided February 22, 1989.


Attorney(s) appearing for the Case

Neal Walker, Roseburg, argued the cause for appellant. With him on the briefs was Walton, Nilsen, Walker & Johnson, P.C., Roseburg.

Bruce R. Coalwell, Roseburg, argued the cause for respondent. With him on the brief was Dole, Coalwell & Clark, P.C., Roseburg.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


EDMONDS, Judge.

Defendant appeals from a judgment granting plaintiff an easement by prescription over a road crossing defendant's ranch. It contends that plaintiff did not prove that plaintiff's predecessor's use of the road was "adverse." We review de novo and reverse.

In order to establish a private prescriptive easement, a plaintiff must show, by clear and convincing evidence, an open and notorious use of...

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