Chaney v. Haeder

This action involves the question whether, under a statutory warranty deed, a grantor is liable to a grantee for costs and attorney fees incurred in defending against an unsuccessful claim of adverse possession. ORS 93.850(2)(c)(C). We hold that, under the facts of this case, there is no liability. Accordingly, we affirm.

In 1982, defendants Haeder purchased property from defendant Dittenhofer (defendant), who conveyed by a statutory warranty deed. The property was described:

“Lot 7, Block B, Subdivision of Lots 2,6,7 and 9, in Tract D of SMITH’S ADDITION TO THE CITY OF PORTLAND, in the City of…