Nevin v. Smith

584 P.2d 251, 283 Or. 347, 1978 Ore. LEXIS 1075
CourtOregon Supreme Court
DecidedSeptember 12, 1978
DocketNo. 7421, SC 25242
StatusPublished
Cited by2 cases

This text of 584 P.2d 251 (Nevin v. Smith) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nevin v. Smith, 584 P.2d 251, 283 Or. 347, 1978 Ore. LEXIS 1075 (Or. 1978).

Opinion

HOWELL, J.

Plaintiffs filed this suit to quiet title to a narrow strip of land approximately 17 feet wide between plaintiffs’ and defendants’ property in Hood River County. Defendants Smith are the record owners, and plaintiffs claim title by adverse possession.1 The trial court entered a decree for plaintiffs and defendants Smith appeal. We affirm.

Defendants Smith and their predecessors, the Newtons and the Minors, are and were owners and occupiers of the property to the north of property owned by plaintiffs. Plaintiffs purchased their property in 1967 from Homer Gleghom, who owned the property from 1958 to 1967. Gleghom purchased from Victor Nichols, the owner from 1944 to 1958. From some time prior to 1944 the two properties were separated by a rock wall from 10 to 15 feet wide that ran easterly and westerly for the full length of the property except for the easterly 100 feet, which consisted of a wooden fence.

The accompanying drawing illustrates the general location of plaintiffs’ and defendants’ properties, the rock wall, and the surveyed line.

All the owners consistently treated the rock wall as the boundary until the Newtons, who owned the property on the north side of the wall from 1971 to 1974, had the property surveyed in 1972. The survey showed the rock wall to encroach approximately 17 feet on Newtons’ land. As a result, the bam owned by plaintiffs extended four feet over onto defendants’ property. Newton told Smith, his grantee, about the survey, and Smith tore out the rock wall.

To establish ownership by adverse possession it must be shown that the possession was actual, open, [351]*351notorious, hostile, continuous and exclusive under a claim of right or color of title for a period of not less than 10 years. Grimstad v. Dordan, 256 Or 135, 471 P2d 778 (1970); Reeves et al. v. Porta, 173 Or 147, 144 P2d 493 (1944).

[350]*350

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Related

Maggio v. Pruzansky
537 A.2d 756 (New Jersey Superior Court App Division, 1988)
Woolfolk v. Isler
588 P.2d 632 (Court of Appeals of Oregon, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
584 P.2d 251, 283 Or. 347, 1978 Ore. LEXIS 1075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nevin-v-smith-or-1978.