- Court: Oregon Court of Appeals
- Area(s) of Law: Property Law
- Date Filed: 02-12-2014
- Case #: A148378
- Judge(s)/Court Below: Armstrong, P.J. for the Court; Duncan, J.; and Brewer, J.
- Full Text Opinion
Relling appealed the trial court's finding for Khorenian. Relling purchased property from N-C-W, Inc. (NCW) in 1972. At the time of the conveyance, Relling accessed the property via a logging road to McKay Creek Road. Merely three months after conveyance to Relling, NCW began conveying remaining lands surrounding Relling's parcel, including parcels containing Relling's existent access to McKay Creek Road via the logging road. Khorenian's property was adjacent to Relling's property and the logging road crossed Khorenian's property. Relling sought declaration of a common law easement of necessity across Khorenian's property. Relling argued that the landlocked nature of his property warranted a remedy of easement of necessity. The Court held that three factors must be present in order to award an easement of necessity: (1) unity of title in the grantor; (2) severance of ownership; (3) actual necessity. The facts indicated that there were multiple access points for Relling at the time of severance. Therefore, the Court held that actual necessity was not present on these facts. Affirmed.