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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>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[I]f there has been an uninterrupted use and enjoyment of an easement in a particular way for more than ten years, it affords a * * * presumption of right in the party who shall have enjoyed it.”
  • “[I]f there has been an uninterrupted use and enjoyment of an easement in a particular way for more than ten years, it affords a * * * presumption of right in the party who shall have enjoyed it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore

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Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

1 case in this archive is cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

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