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Case v. Burton

Summarized by: 

Date Filed: 05-16-2012
Case #: A144494
Brewer J. for the Court; Schuman, P.J; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A144494.pdf

Property Law: Under common law and ORS 105.620, a claim for adverse possession fails if the claimant does not adequately identify the area that was allegedly adversely possessed.

Case appealed a judgment by the trial court that dismissed their common-law and statutory adverse possession claims against Burton. The parties own adjoining farmland property with no natural boundary between them. Case offered aerial photographs and witnesses to demonstrate the existence of a property line for the common-law and statutory time period to establish a claim for adverse possession. The trial court found that the aerial photographs and witnesses regarding the location of the property line were equivocal and the trial court could not determine that Case had adversely possessed any specific portion of Burton's property for the time period. The Court of Appeals concluded that there was sufficient evidence in the record to support the finding of the trial court. Therefore, Case has failed to adequately identify the area that he claims to have adversely possessed under both common law and ORS 105.620. Affirmed.