Schoeller v. Kulawiak

This action involves ownership of a disputed strip of land. Plaintiff sued for ejectment, an injunction and trespass. Defendants counterclaimed to quiet title, under a theory of adverse possession, and also for trespass. The trial court declared plaintiff to be the owner of the property, ordered defendants to vacate it and enjoined defendants from entering it except pursuant to a written easement. The trial court awarded plaintiff general and punitive damages. We reverse.

We review the adverse possession claim de novo. ORS 19.125(3). The disputed strip of land is between 4 and 6 feet wide and…