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BAYLINK v. REES

(93-11-35914; CA A96061)

977 P.2d 1180 (1999)

159 Or. App. 310

Carroll J. BAYLINK and Katherine H. Baylink, husband and wife, Appellants, v. Carl A. REES and Della Mae Rees, husband and wife, and Leslie E. Tipton and Diana Dominquez, Respondents. Carl A. Rees and Della Mae Rees, husband and wife, and Leslie E. Tipton and Diana Dominquez, Third-Party Plaintiffs—Respondents, v. Victor W. Morris and Phyllis M. Morris, husband and wife, and Daniel L. Morris and Peggy A. Morris, husband and wife, Third-Party Defendants—Respondents,

Court of Appeals of Oregon.

Decided March 24, 1999.

Attorney(s) appearing for the Case

D. Rahn Hostetter filed the briefs for appellants.

Bruce E. Anderson, La Grande, filed the brief for respondents Carl A. Rees, Della Mae Rees, Leslie E. Tipton, and Diana Dominquez.

Victor W. Morris and Phyllis M. Morris filed the brief pro se for third-party defendants—respondents.

No appearance for third-party defendants—respondents Daniel L. Morris and Peggy A. Morris, husband and wife.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and LINDER, Judge.

DEITS, C.J.

Plaintiffs Carroll and Katherine Baylink seek review of a trial court judgment granting a nonexclusive easement to defendants Carl and Della Mae Rees and Leslie Tipton and Diana Dominquez for ingress and egress over a road that is on a 30-foot-wide strip of land owned by the Baylinks. On de novo review, we affirm in part and reverse in part.

This case involves properties in Union County, near Summerville, that were once a single parcel of...

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