Beebe v. DeMarco
Court of Appeals of Oregon
968 P.2d 396 (1998)
Relevant factsFree
Beebe (plaintiff) bought a subdivision lot and, despite having an alternate way in, regularly drove across neighboring lots to access it for 36 years. DeMarco (defendant) later bought one of those neighboring lots and built a fence blocking the access route. Beebe sued for a declaration of a prescriptive easement and an injunction against the obstruction. The trial court ruled for Beebe, and DeMarco appealed.
IssueFree
Whether a prescriptive easement can be established under Oregon law by clear and convincing evidence of continuous adverse use of another's real property.