Trewin v. Hunter

Plaintiffs brought this suit in equity to establish by prescription their ownership of a roadway easement across defendants’ land. The trial court entered a decree for defendants, enjoining plaintiffs from trespassing upon defendants’ property. Plaintiffs appeal.

Plaintiffs and defendants own and reside upon adjoining parcels of land along the Applegate River in rural Jackson County, Oregon. For at least 40 years plaintiffs’ predecessors in interest have used a road across defendants’ land for ingress and egress to and from the nearest public road. Plaintiffs contend that this use was adverse…