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Real Estate and Adverse Possession Litigation

Josh Ross prevailed at trial on behalf of a client involved in a title dispute over a significant investment property. The firm’s client was sued in a partition action by a co-tenant owner. Although the plaintiff had not possessed, managed, contributed financially, or otherwise been involved in the property for nearly three decades, she asked the court to find that she maintained a co-tenant ownership interest, to compel a public sale of the property and to distribute the sale proceeds in part to her, and to require the firm’s client to pay damages relating to her management of the property over nearly 30 years. Ross successfully argued for dismissal of a portion of the claims prior to trial, and, at trial, the court ruled in defendant’s favor and confirmed 100% ownership of the property in her name. Ross represented the client before the Oregon Court of Appeals and, on review, in the Oregon Supreme Court. The appellate courts affirmed the trial court’s judgment in full, representing a complete victory for the client.

Case Team