Craft v. Weakland

Defendant, the owner of property burdened by an easement, seeks reversal of a judgment in which the trial court found that defendant willfully violated a previous judgment relating to the easement and ordered her to remove a fence, gate, and windscreens that she had installed within the easement. We review de novo, ORS 19.415(3); Clark v. Kuhn, 171 Or App 29, 31, 15 P3d 37 (2001), and reverse and remand.

Plaintiff and defendant each own beachfront property in Lincoln County. Plaintiff also holds an easement in a portion of defendant’s property. The easement, which is 10 feet wide and…