Faulconer v. Williams

How courts have described this case

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

• holding that the plaintiff's adverse use of the easement area for the prescriptive period extinguished the easement across the plaintiff's land
• noting that Oregon courts had not yet decided the issue but recognizing that to be the nearly unanimous view of courts in other jurisdictions
• stating, “[g]enerally, once an ease- ment is extinguished, it is gone forever”; furthermore, “a mere later reference [in a conveyance] to an already extinguished easement does not itself recreate the easement”
• discussing “adverse” use in context of extinguishment of easement by adverse pos- session
• describing that principle as “pure mistake” doctrine
• discussing “adverse” use in context of extinguishment of easement by adverse possession

Source: CourtListener parenthetical corpus (CC0).