Cent. Or. Fabricators, Inc. v. Hudspeth
Oregon Court of Appeals
977 P.2d 416 (Or. Ct. App. 1999)
In 1964, Hudspeth Land and Livestock Company conveyed a 24,000-acre property to Central Oregon Fabricators, Inc. (COF) (plaintiff). COF then conveyed the hunting and fishing rights to the land to Fred Hudspeth and his family (plaintiffs). The deed also allowed the Hudspeths to bring personal guests to hunt. Jack Rhoden, the principal owner of COF, constructed barriers around the property and had guards patrol it during the hunting season. Starting in 1989, Rhoden and his sons operated a hunting business on the property, charging up to $5,000 for guided hunting trips. Meanwhile, only one of the Hudspeths hunted on the property between 1964 and 1995, and only on one occasion. In 1995, some of the Hudspeths assigned their hunting and fishing rights to F & M Realty Company, Inc. (F & M). F & M, along with the Hudspeths who had retained their rights, developed plans to assign the hunting and fishing rights to others in exchange for yearly payments. COF, concerned that this would interfere with its hunting business, filed suit to quiet title. The trial court determined that the Hudspeths’ rights could not be assigned to F & M, that the Hudspeths could not assign their rights to multiple people, and that the Hudspeths could only bring personal guests rather than paying guests. The trial court also determined that the Hudspeths had abandoned their rights by 1988 through their failure to object to Rhoden’s construction of barriers around the property, and that Rhoden had acquired the hunting and fishing rights through adverse possession. The Hudspeths appealed.
Rule of Law
Holding and Reasoning (Haselton, J.)
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