Legal Question in Real Estate Law in Oregon
Easement Enforcement
Our development has 11 homes. We all signed a Road Agreement where all construction, repair and maintenance are split equally between homeowners.There is a cul-de-sac at the end of the road.The cul-de-sac was not placed as written in the easement due to a rock shelf being exposed when it was being excavated.The excavating co. told the lot owner about the rock shelf + explained he would need to cut all of the cul-de-sac out of their property instead of half on their property + half on our property (we were not informed). The other party posed no objection and the cul-de-sac was placed squarely on their lot.3 years later they have changed their mind + are now pursuing having the remaining cul-de-sac cut out (the part with the rock shelf).Our driveway comes off the cul-de-sac + has been in place for almost 2 yrs. Digging out the balance of the cul-de-sac will require us to completely redo our driveway (about 400') grade, compaction and stone.The easement is owned by all the homeowners and the agreement states no constr or repair w/o a 70% approval of homeowners. No one has agreed to the change. The neighbors are still trying to go forward with the constr. How do we stop them? Can they block access to our property w/o our permission?
1 Answer from Attorneys
Re: Easement Enforcement
The only way to stop them is to file a lawsuit and get a restaining order.
If the development has a homeowner's association with CC&R's, then the homeowner's association may be able to issue a Stop Work Order. They could only do that if that authority is giving to them in the CC&R's.
It is difficult to know what your chances of success are without more thoroughly evaluating the documents, and learning more specific facts.
Hope this helps,
Larry
Lawrence (Larry) Vergun
Attorney at Law
E-mail: [email protected]
Website: http://www.vergunlaw.com