Bigelow v. Wiley Mt. Inc.

Plaintiffs appeal from a trial court judgment declaring that defendants have an easement across their property and denying plaintiffs’ motion for a directed verdict to quiet their title as against defendants. We vacate the judgment and remand with instructions to enter a judgment quieting plaintiffs’ title as against defendants.

Plaintiffs and defendants1 own property in Lane County. Defendants’ five tax lots lie to the east of plaintiffs’ one lot, Tax Lot 301. The Eugene Water and Electric Board (EWEB) has an easement running through plaintiffs’ and two of defendants’ lots for the purpose of…