Haskell v. Borschowa

This is a suit in equity in which plaintiffs sought to enjoin interference with their use of defendants’ land. After a trial, the circuit court entered a decree declaring that plaintiffs own an easement across defendants’ land, ordering removal of portions of defendants’ fence within the easement, and enjoining future interference with plaintiffs’ use. Defendants appeal.

The parties own adjacent parcels of real property in Mt. Angel, Oregon. Plaintiffs have their home and operate a restaurant on their property. Defendants own and operate an auto repair garage on theirs. The dispute between…