Cotsifas v. Conrad

Plaintiff appeals and defendant 1 cross-appeals from a judgment declaring that plaintiff may not use an easement across defendant’s property for access by motor vehicle. Plaintiff argues that his express easement provides him unrestricted reasonable use of the easement. Defendant argues that the trial court should have extinguished the easement entirely. On de novo review, ORS 19.125(3), we reverse on the appeal and affirm on the cross-appeal.

Plaintiff owns a parcel of land located approximately 300 feet to the north of SW Hamilton Street, which runs east and west. Defendant owns a parcel of…