Egeter v. West & North Properties

Defendant West and North Properties (West) appeals from a judgment declaring that defendants Cliff have an easement over the parcel of property which plaintiffs purchased from West and also rescinding plaintiffs’ land sale contract for that parcel. The issues are whether the easement constitutes an encumbrance sufficient to allow rescission and whether plaintiffs delayed too long in seeking to rescind. On de novo review, ORS 19.125(3), we affirm.

West’s real estate agent showed plaintiffs the subject property in February, 1981. The agent drove them to the property on the road which gave rise…