Wels v. Hippe

Defendants appeal a judgment declaring that plaintiff has an easement by prescription over a dirt road that runs through defendants’ property to his property. To establish a prescriptive easement, plaintiff was required to show, by clear and convincing evidence, that his use (or use by former owners of his property) of the road on defendants’ property was “open and notorious,” “adverse to the rights of defendants,” and “continuous and uninterrupted” for 10 years. Thompson v. Scott, 270 Or 542, 546, 528 P2d 509 (1974); accord Sander v. McKinley, 241 Or App 297, 306, 250 P3d 939 (2011). On…