Woods v. Hart

This is a suit to establish a prescriptive easement of way across the land of defendants and for injunctive relief preventing defendants from interfering with plaintiffs’ use of the easement. Plaintiffs appeal from a decree in favor of defendants.

Plaintiffs contend that their use of the roadway in question was adverse; defendants contend that the use was not adverse but merely permissive. The trial court held that plaintiffs’ use for the prescriptive period gave rise to a presumption of adverseness, relying upon Feldman et ux v. Knapp et ux, 196 Or 453, 250 P2d 92 (1952), but that the…