Morgan v. Hart

Plaintiff sought access over defendants’ land to a public road under theories of an express easement, a prescriptive easement, and a way of necessity. Over plaintiffs objections, the trial court 1 ordered that the Lane County surveyor proceed with preparing the report provided in ORS 376.160 before the court decided the first two claims. Because that report proposed that the way of necessity be partly over appellants’ land, they became parties to this case. In their response, appellants opposed the surveyor’s proposal and counterclaimed for their attorney fees under ORS 376.175(2)(e). 2

The…