INSKO v. Mosier

In this prescriptive easement case, the issue is whether plaintiff established adequate proof of his adverse use of an existing road located on land owned by defendants. The trial court found plaintiffs proof adequate and entered judgment granting a prescriptive easement over the road. Defendants appeal, arguing that plaintiffs proof that he used the existing road was insufficient, because there was inadequate evidence that his use interfered with defendants’ use of the road. On de novo review, Webb v. Clodfelter, 205 Or App 20, 23, 132 P3d 50 (2006); ORS 19.415, 2 we agree and reverse.

The…