Alger v. Smith

Plaintiff Alger and defendants Navarro own adjacent properties. Defendants Smith are the common grantors of both properties. The dispute in this case involves the use of two roads across Navarros’ property for access to Alger’s property. The trial court declared an easement by implication in favor of Alger, limited in scope, over one of the roads. Alger appeals and assigns error to the trial court’s decision not to reform his deed from the Smiths to include express easements that would permit his use of both roads without the limitation imposed by the trial court. We review de novo, ORS…