Thursday, October 1, 2020

Inspection by the trial court of premises in encroachment proceedings

In this decision, the Oklahoma Court of Civil Appeals weighs in on whether a trial court can examine the premises as part of events trial on encroachment issues. The trial court's conduct was challenged on the basis that the court relied too much on its own observations. This objection was overcome by the court's reliance upon witness testimony, squaring that testimony with the court's own observation, and the parties' knowledge of and consent to the inspection.