Arana v. Perlenfein

Steven Perlenfein appeals from a judgment granting John and Jeanne Arana a prescriptive easement through an alley on Perlenfein’s real property. Perlenfein argues that Aranas did not prove the requisite elements necessary to establish a prescriptive easement by clear and convincing evidence. On de novo review, ORS 19.415(3), we reverse.

Aranas and Perlenfein own property in Salem. An alley runs north and south through the middle of the block in which their property lies and connects adjoining streets. Aranas have an apartment building on their property in the northerly portion of the block,…