Tooker v. Feinstein

Plaintiff appeals a judgment declaring that defendants may maintain a retaining wall that they constructed within their driveway easement across plaintiffs property. On de novo review, ORS 19.125(3), we affirm in part and reverse in part.

Plaintiff and defendants own adjoining lots in the High Oaks Subdivision in the City of Medford. The lots are situated on a hill, with defendants’ lot uphill from plaintiffs. By deed and subdivision plat, defendants have an easement across the northern portion of plaintiffs land to obtain access to a local street. The easement, which is described by metes and…