7455 Incorporated v. Tuala Northwest, LLC

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Procedure
  • Date Filed: 11-12-2015
  • Case #: A154857
  • Judge(s)/Court Below: Tookey, J. for the Court; Hadlock, P.J.; & Haselton, C.J.
  • Full Text Opinion

A third party does not have standing to bring a prescriptive easement claim.

Plaintiff leased property adjacent to Defendant's property. Plaintiff and their predecessors claimed that a prescriptive easement through the defendant's property had existed for 40 years and had been violated when Defendant erected a fence around Defendant's property. The trial court dismissed Plaintiff's claim for lack of standing. The Court held that trial court did not err in dismissing Plaintiff's claim because Plaintiff could not rest on its own rights in bringing the prescriptive easement claim. Accordingly, the Court affirmed the judgment.

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