Jury Rules for Defendant in Oregon Land Dispute

Case Background

Kenneth Larson and Diana Larson, the Plaintiffs, owned real property in Myrtle Creek, Oregon. Their property included Lots 30 and 31 of the Boulevard Park Addition. Rebecca Fraze, the Defendant, owned nearby property which included Lots 32, 33, and 34. The Defendant's property was situated on the northeast corner of a hill from the Plaintiffs' property. This boundary relationship was central to the dispute.

The Larsons held title to their property via a Statutory Warranty Deed from December 5, 2007. They maintained ownership and exclusive possession of their tract for over 17 years. The Plaintiffs claimed legal entitlement to the quiet enjoyment and exclusive use of all their property, including Lots 30 and 31. This civil action fell under mandatory non-binding arbitration and involved a small tort claim amount.

Cause

The Plaintiffs' sole claim for relief was trespass to land. They alleged that the Defendant, Rebecca Fraze, and her agents repeatedly entered and encroached upon their property. The specific area of contention was the parking area located on Lot 30 of the Plaintiffs' property.

The alleged trespassing began in September 2023 and continued through May 2024. Plaintiffs claimed the Defendant's agents, tenants, or guests frequently entered the area. They sometimes remained parked for hours. On more than one occasion, the vehicles remained on the Plaintiffs' property overnight.

Injury

The repetitive unauthorized entry constituted a continuing breach of the peace. The trespassing negatively impacted the Plaintiffs' possession and quiet enjoyment of their land. It disrupted their use of the property. The actions at times created a barrier to their use of a vital portion of their property.

Plaintiffs claimed they could not use the specific parking area as they saw fit due to the traffic and vehicles. The repeated entries constituted distinct unauthorized acts onto land in the Larsons' exclusive legal possession.

Damages

The Plaintiffs sought two types of damages resulting from the trespass claim. First, they requested judgment in the amount of $5,000 for the First Claim for Relief. This amount covered nominal damages, specified as $1,250 per incident, or an amount to be proven at trial.

Second, the Plaintiffs sought compensatory damages totaling $300. This compensatory amount arose from the alleged destruction of an appliance. The Defendant's agents, tenants, or guests reportedly caused this destruction. The total amount of damages requested in the complaint was $5,300 plus Court costs and service fees.

Key Arguments & Proceedings

Legal Representation

Plaintiffs - Kenneth Larson | Diana Larson 

·      Counsel for Plaintiff: Pro Se

Defendant - Rebecca Fraze

·      Counsel for Defendant: Pro Se

Key Remarks by the Counsel 

Claims

The Plaintiffs raised a single claim: Trespass to Land. They alleged that Rebecca Fraze, acting individually or through her agents, intentionally or negligently trespassed onto Lot 30. Plaintiffs asserted that public records clearly established the property lines. They claimed the Defendant had knowledge or constructive knowledge of the true boundaries.

The Plaintiffs explicitly stated they had not granted express or implied permission for entrance or use of their parking area. They claimed the Defendant's use of the parking area, Lot 30, was part of a common plan to commit a tortious action.

Defense

Defendant Rebecca Fraze filed an Answer on July 19, 2024. The answer was concise and did not formally address the Plaintiffs' specific claims of trespass. Instead, the Defendant focused on two core points.

First, Rebecca Fraze requested a jury trial. Second, she announced her intention to file a counter claim against the Plaintiffs. Fraze stated the counterclaim would address emotional and physical harm caused to her family by the Plaintiffs. Specifically, she alleged that Kenneth Larson drove his truck into her son and grandson, dislocating her son's shoulder. Fraze also requested a judge unaffiliated with Diana Larson, citing the Plaintiff's position as a city councilwoman. 

Jury Verdict

The jury trial concluded on September 17, 2025, in the Douglas County Circuit Court. The jury returned a verdict form focused exclusively on the trespass claim. The verdict favored the Defendant, Rebecca Fraze, on all claims.

Court documents are available upon request at jurimatic@exlitem.com