114 P. 938 | Or. | 1911
delivered the opinion of the court.
We find nothing in this conveyance that either by express terms or by necessary implication indicates that the grantors were to take merely a temporary personal right to the water which was to be conveyed across their premises. The burden upon their land was perpetual, and, as we have held lately in Portland v. Metzger, 58 Or. 276 (114 Pac. 106) includes the right on the part of defendant to erect telephone poles and string wires from the city to the headworks; to prohibit the grantor from erecting buildings upon the strip granted; to allow the servants of the city, in the necessary repair of its pipe line, to pass along the strip on foot or in wagon; and to dig the soil or lay additional pipes. Such a servitude must necessarily affect, to some degree, the free use and value of the property, and will do so to a greater extent as the city increases in population and the necessity for more frequent and extensive use of the right of way consequently increases.
The decree of the circuit court is affirmed.
Affirmed.