Vossen v. Forrester

Defendant appeals the trial court’s issuance of a mandatory injunction ordering him to remove all encroachments, including his home, from a 16-foot easement in plaintiffs’ favor. On de novo review, ORS 19.425(3), we reverse and remand.

Defendant Norman Forrester bought a beachfront lot in Yachats in November 1993, after making inquiries of the city planner about whether a house could be built on the lot and receiving an affirmative answer. A title report on the property disclosed the existence of an easement described only by reference to Book 128, Page 315, Deed Records of Lincoln County, as…