Kondor v. Prose

Defendants appeal from a decree declaring that plaintiffs have an easement by prescription over a certain road through defendants’ property which provides the only existing access to plaintiffs’ parcel. Defendants contend that the ten-year prescriptive period (ORS 12.050) was interrupted by erection of a gate across the road in question and that the plaintiffs failed to prove that use of the road by their predecessors and others was sufficiently continuous and adverse to defendants’ rights to satisfy the elements of prescription. Defendants further assign error to fixing the scope of the…