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Oregon Supreme Court· 9/24/1969

Woods v. Hart

Citations

  • 458 P.2d 945
  • 254 Or. 434
  • 1969 Ore. LEXIS 393

How courts have described this case

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

  • observing that, “[e]ven if the rebutted presumption is regarded as having some evidentiary value, it alone cannot preponderate in favor of plaintiff’
  • looking at whether the claimant had interfered with the owner’s use in determining whether presumption had been rebutted
  • stating that, “[w]here one uses an existing way over another person’s land and nothing more is shown, it is more reasonable to assume that the use [of the road] was pursuant to a friendly arrangement between neighbors rather than to assume that the user was making an adverse claim”
  • stating that, “[w]here one uses an existing way over another person’s land and nothing more is shown, it is more reasonable to assume that the use [of the road] was pursuant to a friendly arrangement between neighbors rather than to assume that the user was making an adverse claim”
  • strong inference of adverse use arises when party claiming easement actually constructed road through servient property without owner’s permission
  • strong inference of adverse use when claimant constructed road through the servient property without owner’s permission

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloan, O'Connell, Goodwjn, Denecke, Holman

Read full opinion on CourtListener

Cited by

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

Cites

4 cases in this archive are cited by this case.

Other cases named Woods v. Hart

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.