Braat v. Aylett

This is the second time that this proceeding involving a way of necessity to and from petitioner’s land has been before this court. The previous appeal involved the question of whether petitioner’s land constituted a farm under ORS 376.105 et seq. The trial court held that petitioner’s land qualified as a farm and was therefore entitled to a way of necessity to and from the land. On appeal, we affirmed the trial court. 273 Or 795, 543 P2d 1071 (1975).

In the original proceeding, the trial court entered an amended judgment granting petitioner a "right of way” 30 feet wide. Subsequent to this…