WELS v. HIPPE

(CC 101215E3; SC S063486) SC S063486.

385 P.3d 1028 (2016)

360 Or. 569

John B. WELS, Jr., Respondent on Review, v. Douglas W. HIPPE, Defendant, and Le Roy Hippe and Cheryl Hippe, Petitioners on Review.

Supreme Court of Oregon.

November 17, 2016.


Attorney(s) appearing for the Case

Clayton C. Patrick, Clatskanie, argued the cause and filed the brief for petitioners on review.

John R. Hanson, Medford, argued the cause and filed the brief for respondent on review. Also on the brief was Tracey R. Howell.

Before, Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and DeHoog, Justice pro tempore.


LANDAU, J.

Plaintiff seeks a prescriptive easement over an existing road that crosses defendants' property. To establish a prescriptive easement, the law requires (among other things) that plaintiff's use of the road was adverse to the rights of the owners of the property. The dispute in this case is whether plaintiff satisfied the requirement to prove such adverse use. The trial court found that plaintiff did establish adverse use of the road...

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