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Johnson v. Hicks

Oregon Court of Appeals
626 P.2d 938 (1981)


Facts

In 1964, Neil Hicks (defendant) and Hoy Johnson, the husband of Margaret Johnson (plaintiff), installed an irrigation system along the boundary line of the Johnsons’ and Hicks’s neighboring properties. The system included moveable aluminum pipe used to irrigate the pasture owned by the Johnsons, and a portion of the pipe was located on the Johnsons’ property. Mr. Johnson testified that the irrigation system was to be permanent. In 1969, the Johnsons divorced, and Ms. Johnson was awarded the family home and the property on which the home was located. Mr. Johnson testified that he had allowed Ms. Johnson to continue using the irrigation system after their divorce, and refused to let Hicks remove Ms. Johnson’s access. Ms. Johnson continued to use the irrigation system for watering her yard and trees until April 1, 1979, when Hicks entered her property and moved the irrigation pipe onto his own property. Ms. Johnson brought suit, seeking an injunction to restore the irrigation system. The trial court found that Ms. Johnson had not proven her right to use the irrigation system, and dismissed all claims. Johnson appealed.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

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