Coventon v. Seufert

Citations

• 23 Or. 548
• 32 P. 508
• 1893 Ore. LEXIS 60

Syllabus

<p>1. Easement—Prescriptive Right.—An uninterrupted use and enjoyment of au'easement in a particular way for the statutory period affords a conclusive presumption that the person who used it had a right so to do, provided the use he not by authority of law, or by agreement with the owner of the inheritance: Tollman v. Gasey, 15 Or. 83, cited.</p> <p>2. Idem — Permissive Use—Parol Grant. * —An easement cannot he granted by parol, but that it originated in parol permission does not affect the prescriptive title if it has been used for the requisite period under a claim of right.</p> <p>3. Adverse Possession—Offer to Purchase.—An offer to purchase, made after the statute has fully run, will not bar the claim of adverse possession, unless the relation of landlord and tenant, or of vendor and vendee under a contract of purchase, once existed between tlie parties.</p> <p>4. DEEn — Appurtenances.—An easement such as a ditch passes under the genera] term of appurtenances in a deed, and need not be specially mentioned: Simmons v. Winters, 21 Or. ii, approved.</p>