Stone v. Henry Enterprises, Inc.

Defendant appeals from a judgment granting plaintiff an easement by prescription over a road crossing defendant’s ranch. It contends that plaintiff did not prove that plaintiffs predecessor’s use of the road was “adverse.” We review de novo and reverse.

In order to establish a private prescriptive easement, a plaintiff must show, by clear and convincing evidence, an open and notorious use of land adverse to the rights of the servient owner for a continuous period of 10 years. Thompson v. Scott, 270 Or 542, 546-47, 528 P2d 509 (1974). Proof by “clear and convincing evidence” means that the…