Tieu v. Morgan

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Property Law
  • Date Filed: 11-02-2011
  • Case #: A144733
  • Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P.J.; & Sercombe, J.
  • Full Text Opinion

Summary judgment of adverse possession will be granted where a claimant can prove, with clear and convincing evidence, that he, through “honest belief” of actual ownership, continuously maintained actual, open, notorious, exclusive and hostile possession of the property for greater than ten years.

Tieu appealed the trial court’s grant of summary judgment to Morgan, declaring they acquired a strip of property by adverse possession. In 1984 Tieu and Morgan bought parcels of land owned by Robert Smith. Smith divided the property with a fence. In 1994, Mr. Smith conveyed a portion of the land to his son, who subsequently sold the land in to Morgan in 1996. In 2006, while purchasing Mr. Smith’s parcel, Tieu discovered that the fence did not mark the true boundary of the property. Tieu brought suit against Morgan after the purchase was complete to quiet title to the disputed strip of land. On appeal, the Court found no error in the trial court’s reasoning. The Court found clear and convincing evidence that Morgan had an “honest belief” that the disputed land was theirs, and that they maintained continuous actual, open, notorious, exclusive, and hostile ownership over the disputed land for greater than ten years. Thus, summary judgment was warranted. Affirmed.

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