This case that was released by the Oregon court this week deals with an AP claim to a long standing fence line. Unfortunately for the claimant, the fence did its standing between the 1940's and the 1980's, and it's exact location could not be proven from historic aerial photos.
This is in contrast to the 1998 case of Nooteboom v. Bulson, in which enough of the remnants of an old fence could be found to perfect an AP claim where the possession had ceased decades before trial.
Nooteboom v. Bulson is interesting about the importance of the character of the fence being dependant on the character of the land. Also, I suppose "clear and positive proof" is synonumous with clear and convincing... ?
Stephen
I find Nooteboom interesting from the perspective of the field surveyor. This is forest land, unoccupied and left to run wild for over 2 decades. You stumble on the remnants of an old fence deep in the woods. Are you thinking AP? Most would not.
No, I agree with you, it would not. But it would definitely initiate questions with me and cause me to question owners.
Stephen