Tipperman v. Tsiatsos

Plaintiff brought this declaratory judgment action to construe an easement on property located in Union County. We review de novo. ORS 19.125(3).

The easement was reserved in a 1909 deed executed by the Ayres, previous owners of part of the property now owned by defendant Tsiatsos (defendant). Defendant’s family acquired the benefitted property in 1929. Plaintiff purchased the land burdened by the easement in 1990. As pertinent, the easement provides:

“Reserving, however, out of the said last described tract of [175 acres] * * * the right to use the waters of Meadow Creek flowing through the…