Uhl v. Krupsky

BREWER, J. pro tempore

The issue in this case is whether the requirements of ORS 105.620 — in particular, the requirement of ORS 105.620(l)(b) that a party claiming adverse possession of real property must have an “honest belief” that the claimant is the true owner — apply to a claim by an owner of fee simple title for the extinguishment of an easement. Because the trial court correctly concluded that ORS 105.620 does not apply to such claims, we affirm.

The pertinent facts are not in dispute. Plaintiffs are the owners of fee simple title to real property that they purchased in 1995. When they…