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Property Keyed to Chase
Garza v. Grayson
Citation:
467 P.2d 960 (1970)Facts
Bjorn Gadeholt originally owned Lots 579 and 580 in Lake View Villas, a subdivision in Lake Oswego. On June 28, 1963, Gadeholt conveyed Lot 579 to the plaintiffs without mentioning any easement in the deed. On December 19, 1963, Gadeholt conveyed the adjacent Lot 580 to William Leer and wife (defendants’ predecessors in title). This deed contained a reservation of “an easement for public utility purposes over and across the northeasterly five feet of the above described property.” The reservation did not specifically name plaintiffs as beneficiaries. When plaintiffs sought to use this easement for a sewer line, defendants objected, arguing that an easement cannot be reserved in favor of a third person and that a sewer line would not qualify as being “over and across” the property as specified in the reservation.
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