Tyska v. Prest

Alexander Tyska seeks review of a trial court judgment granting a way of necessity to Kay Prest for ingress and egress over 71.5 feet of driveway owned by Tyska. Prest cross-appeals on the amount of attorney fees awarded. On de novo review, ORS 19.205 and ORS 19.425(3), we reverse on the appeal and affirm on the cross-appeal.

Prest’s three-acre parcel (Prest property), for which she requested the way of necessity, was originally part of a four-acre parcel owned by the Hurds. When the Hurds sold Prest the three acres in 1970, they retained one acre, which is now owned by the Binghams (Bingham…