Bridston v. Panther Crushing Co.

Defendant Panther Crushing Co., Inc., appeals from a judgment of the trial court granting plaintiffs James Bridston and Susan Knapp-Bridston a prescriptive easement to a road on defendant’s property. Defendant assigns error to the trial court’s conclusion that it failed to rebut the presumption of adverse use. On de novo review, R & C Ranch, LLC v. Kunde, 177 Or App 304, 310, 33 P3d 1011 (2001), we reverse.

The road in question is referred to by the parties as Haul Road. Plaintiffs have used Haul Road for access to their property from the north since they purchased it in October 1991.…