Olson v. Van Horn

In these actions for injunctive relief and declaratory judgment, the trial court ruled that the placement of defendant’s home violated the terms of an easement. Consequently, the trial court ordered defendant’s home to be removed from the easement. Defendant appeals and argues that the unambiguous terms of the easement allow plaintiffs access to defendant’s property to maintain the height of vegetation but do not prohibit the building of a home within the easement. We review de novo, ORS 19.415(3), and reverse.

In 1988, Oscar and Estrid Furnes (the Furneses) purchased a 15-acre parcel of…