Webb v. Clodfelter

Defendants own land in rural eastern Oregon across which runs a road that has existed longer than anyone remembers. At issue in this case is who may use the road. The trial court determined that plaintiffs demonstrated that they had acquired a prescriptive easement over at least part of the road, although the court imposed certain conditions on plaintiffs’ continued use of it and found that plaintiffs had trespassed on the part not subject to the easement. Defendants appeal, arguing that, because plaintiffs failed to establish that their use of the road was adverse, they failed to establish…