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Beebe v. DeMarco

Court of Appeals of Oregon
968 P.2d 396 (1998)


Facts

Beebe (plaintiff) purchased a lot in a subdivision and accessed the lot by driving across a portion of neighboring lots. Despite having alternate access to the property, Beebe continued to use the adjacent lots for access on a regular basis over the course of 36 years. DeMarco (defendant) purchased one of the lots used for access by Beebe and built a fence blocking the access way. Beebe filed suit seeking an order declaring a prescriptive easement and enjoining DeMarco from obstructing the easement way. The trial court ruled in favor of Beebe. DeMarco appealed.

Rule of Law

Issue

Holding and Reasoning (Riggs, J.)

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