Markovich v. Chambers

Plaintiffs appeal a judgment quieting title to real property in defendants. We review de novo, ORS 19.125(3), and affirm.

Plaintiffs live on a large lot that lies south of the lot where defendants operate a store. For decades, a fence has separated the two properties. When plaintiffs bought their lot in 1977, their deed was based on a 1948 survey that showed the fence to be the property line. However, when defendants bought their lot in 1981, their deed was based on a 1981 survey that placed the property line 10 feet south of the fence. In 1986 and 1987, plaintiffs recorded lot line…