Evans v. Hogue

The majority relies on the erroneous assumption that plaintiffs and their immediate predecessors, the Luck-eys, held the disputed land adversely for a sufficient length of time to defeat the claim of the Sampsons, through whom defendants derive their title. For plaintiffs to quiet their title through adverse possession, every element of adverse possession must have been established for ten years before the commencement of this action. Woolfolk v. Isler, 37 Or App 687, 588 P2d 632 (1978); ORS 12.050.1 No authority exists for excusing this requirement, as does the majority, when a party…