- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 08-26-2020
- Case #: A161996
- Judge(s)/Court Below: DeVore, J. for the Court; DeHoog, P.J. & Aoyagi, J.
- Full Text Opinion
Appellants appeal the trial court’s ruling that the respondents had an easement across their land, and they obstructed it. Appellants assign error to the trial court ruling that there was an easement “for the purpose of ingress and egress to [respondents’] property.” Alternatively, respondents filed a cross-appeal alleging breach of contract and breach of implied good faith and fair dealing based on the agreement by the previous owners of Appellant's property. Under Oregon case law a “party who suffers interference with the right to use an easement may bring a tort claim;” “equitable claim, seeking an injunction;” or an “equitable action to enforce those obligations as servitudes that run with the land to bind successors in interest.” See Landauer v. Steelman, 275 Or 135, 141, 549 P2d 1256 (1976); Andrews v. North Coast Development, 270 Or 24, 36, 526 P2d 1009 (1974); Fitzstephens v. Watson, 218 Or 185, 206-10, 344 P2d 221 (1959). The Court found that there was no error by the trial court in determining there was an easement. However, the Court did find that it was