Cent. Or. Fabricators, Inc. v. Hudspeth
Court of Appeals of Oregon
22 P.3d 761 (Or. Ct. App. 2001)
COF (defendant), which had conveyed hunting and fishing rights on its 24,000-acre property to the Hudspeth family (plaintiffs) decades earlier, later built barriers and hired guards while operating its own lucrative guided hunting business on the land; although only one Hudspeth family member hunted the property (and only once) between 1964 and 1995, the Hudspeths never verbally expressed intent to abandon their rights, and in 1995 some assigned their rights to a realty company planning to sell hunting access to others. COF sued to quiet title, and the trial court found the Hudspeths had abandoned their rights by 1988 through failing to object to COF's barrier construction, further finding COF had acquired the rights by adverse possession; the Hudspeths appealed.
Whether an easement holder's mere long-term non-use of the easement, without any verbal expression of intent to abandon or conduct clearly inconsistent with continued use, constitutes abandonment of the easement.