Hoffman v. Freeman Land and Timber, LLC.

This case arises out of defendants’ assertion of title by adverse possession to a parcel of land. The trial court held that defendants did not meet their burden of proof to establish each element of adverse possession and entered judgment quieting title in favor of plaintiff, the record owner. The Court of Appeals reversed. Hoffman v. Freeman Land and Timber, LLC., 156 Or App 105, 964 P2d 1144 (1998). On de novo review, that court concluded that defendants had used the land openly and continuously for the requisite 10-year period and, therefore, were entitled to a “presumption” that their use…