Garza v. Grayson
Oregon Supreme Court
467 P.2d 960 (1970)
- Written by Rebecca Green, JD
Facts
Bjorn Gadeholt owned two adjacent subdivision lots. The city was in the process of installing a sewer system to the area, and Gadeholt’s lots were not yet connected. In June 1963, Gadeholt sold one lot to Dan and Norma Garza (plaintiffs), but the deed to the Garzas did not include an easement for sewer access. In December 1963, Gadeholt sold the second lot to William Leer and his wife. In the deed to the Leers, Gadeholt included a reservation for “an easement for public utility purposes over and across” the Leers’ property. Jeffrey and Jane Grayson (defendants) eventually became the owners of the Leers’ property. The Garzas sued the Graysons to enforce the easement and install a sewer line across the Graysons’ property. The Graysons responded that a deed cannot create an easement that benefits a third person not party to the conveyance, and, therefore, Gadeholt could not have created an easement in the deed to the Leers that benefitted the Garzas’ land. The trial court found for the Garzas, and the Graysons appealed.
Rule of Law
Issue
Holding and Reasoning (O’Connell, J.)
What to do next…
Here's why 803,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
