Howe v. Greenleaf

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Property Law
  • Date Filed: 01-29-2014
  • Case #: A146060
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Duncan, J.; and Hadlock, J.
  • Full Text Opinion

A statutory presumption exists that parcels of land which have a road as a boundary include up to the center line of the road unless the title to the road is clearly held by another party.

Howe appealed a trial court decision to deny a quiet title action. A road existed that was the boundary for two separate parcels of land. The parcels of land were subdivided multiple times, which left a question as to who owned the road. Lewis attempted to convey the entirety of the road in 2008, which led to Howe's quiet title action for the road abutting his property up to the center line. The trial court held the road was platted in such a way by the original owners of the land that it was to be treated as separate from the land that was conveyed to Howe. The Court of Appeals applied a statutory presumption that the parcels include up to the center line of the road unless it is clearly stated otherwise. The Court held the conveyance of the parcels created after the construction of the road included up to the center of the road as there had not been a clear manifestation of the original owner's intent to keep the road separate. Reversed and remanded.

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