MANDERSCHEID v. DUTTON

01-08287-CV; A119095.

88 P.3d 281 (2004)

193 Or. App. 9

Mark MANDERSCHEID and Tami Manderscheid, husband and wife, Respondents, v. Jan DUTTON, Appellant.

Court of Appeals of Oregon.

Decided April 14, 2004.


Attorney(s) appearing for the Case

Stanley E. Clark, Redmond, argued the cause and filed the briefs for appellant.

William E. Flynn, Eugene, argued the cause for respondents. On the brief was George W. Kelly.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

Defendant appeals a judgment quieting title in a parcel of land that the trial court concluded plaintiffs had acquired by adverse possession. Defendant argues that plaintiffs failed to establish the elements of adverse possession as provided in ORS 105.620, in particular, that they either continuously possessed the disputed parcel for 10 years or that they reasonably believed the property was theirs. On de novo review, ORS 19.415(3) (2001);

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