Legal Opinion

Marshall v. Cannady

Court of Appeals of Oregon

Decided May 16, 2018No. A160616PublishedCited by 1 opinion

1Opinion of the CourtShorr, J.

*804Defendants appeal a judgment granting plaintiffs prescriptive and implied easements over a road that crosses defendants' property.1 Defendants assert four assignments of error. We write to address only the first three: (1) that the trial court erred in concluding that the evidence was sufficient as a matter of law to satisfy the notorious-use element of a prescriptive easement; (2) that the trial court erred in concluding that the evidence was sufficient as a matter of law to satisfy the adverse-use element of a prescriptive easement; and (3) that the trial court erred in its interpretation…

2Cases cited9 opinions

  1. Falk v. AmsberryOregon Supreme Court · 1981
  2. Cheney v. MuellerOregon Supreme Court · 1971
  3. Eagles Five, LLC v. LawtonCourt of Appeals of Oregon · 2012
  4. Migis v. Autozone, Inc.Court of Appeals of Oregon · 2016
  5. Erwin v. ThomasOregon Supreme Court · 1973

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3Cited by1 opinion

  1. Rookstool-Moden Realty, LLC v. GallagherCourt of Appeals of Oregon · 2020

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