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Prompt Read the news story posted with this week's material: Oregon Court of Appeals Reverses Country Lane vs
Prompt
Read the news story posted with this week's material: Oregon Court of Appeals Reverses Country Lane vs. Railroad Ruling. 
Albany Democrat Herald, June 15, 2019.
- Why did the Country Lane residents not have an easement to cross the railroad tracks when the land became residential lots (look all the way back to how the son got the land compared to the daughter)?
- Why were the Country Lane residents not able to prove to the Oregon Court of Appeals that they have a prescriptive easement? Use facts from the case applied to the elements of a prescriptive easement.
- How can the Country Lane residents get the right to cross the railroad tracks to get to their own land now?
- Compare to Rafanelli v. Dale. Is this the same kind of situation?
Guidelines
One point for a complete original response to the prompt, and/or one point for a meaningful response or follow up question to classmates' posts.
Expert Solution
- Why did the Country Lane residents not have an easement to cross the railroad tracks when the land became residential lots (look all the way back to how the son got the land compared to the daughter)?
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- The son and daughter were granted the deed to the land back in 1910. The son acquired the property's southern portion and later divided it into eight lots that ultimately became the neighborhood of Country Lane. The son and daughter sold a strip of land to the railroad in 1928, which is now Albany & Eastern. The deed of the daughter reserved an easement allowing her to cross the railroad tracks, but the deed of the son did not contain any easement and was transferred free of all encumbrances to the railroad. The son's portion of land is the land in question and is the area that does not have easement to cross the railroad tracks.
- Why were the Country Lane residents not able to prove to the Oregon Court of Appeals that they have a prescriptive easement? Use facts from the case applied to the elements of a prescriptive easement.
- The defendants were unable to show evidence of a prescriptive easement. In order to establish a prescriptive easement, the plaintiffs must prove that their use of land is hostile to the rights of the owner of the property for 10 contiguous years and that it is “inconsistent with the owner’s use of the property, or it is undertaken not in subordination to the rights of the owner.”
- How can the Country Lane residents get the right to cross the railroad tracks to get to their own land now?
- The property owners can request the Supreme Court of Oregon to review the decision of the Court of Appeals
- Compared to Rafanelli v. Dale. Is this the same kind of situation?
- I think it is. In the Rafanelli v. Dale case, the issue was whether the Dales had a prescriptive easement. The use of Route B by the Dales persisted for a period four times longer than the legal five years required to secure a prescriptive easement. I also decided to read the original case ruling from back in 2016 and I found the evidence to be inconsistent with the evidence brought in the court of appeals.
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