On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Dayton v. Jordan, 280 Or App 236 (2016).
In Dayton, the parties own abutting properties, with the northern property line of the Jordan parcel abutting the southern boundary line of the Dayton parcel. An east-west private road runs along the southern boundary of the Dayton parcel. Both Dayton and Jordan run ATV rental businesses on their respective properties, and both properties use the private road across the Dayton parcel to reach the dunes. Not surprisingly, there is friction between the two property owners with their similar business uses. Continue Reading