Fitts v. Case

ROSENBLUM, S. J.

Plaintiffs, Janet Fitts and her brother, Robert Harris, appeal from a judgment declaring that defendant is the owner, based on adverse possession, of a 2.5-acre strip of land located in Linn County. On appeal, plaintiffs’ assignments of error primarily challenge the sufficiency of defendant’s evidence that his use of the disputed property was “hostile.” On de novo review, ORS 19.415(3) (2007), 1 we affirm.

The disputed property subject to this appeal is a 2.5-acre, roughly triangular, southeast segment of a 40-acre parcel that is recorded by deed as “Parcel I.” The North…