Legal Question in Real Estate Law in Oregon

Easment

A friend of mine has to access her property through an easment that belongs to a neighbor. As soon as he moved in he put two metal fence posts on either side of the driveway to alert people of a hose going over driveway.You cannot drive through without scratching your car they are so close together. In December my friend had a house fire and the fire engine could not get through and had to waste time getting out and removing the posts. Now he has some kind of board over the hose and when my friend drove over it, it snapped and was lodged under her car. He says it is his property and he can do whatever he wants and put whatever he wants in the driveway. Does my friend have any rights or is she at the mercy of this person. She has lived there for about 6 years and he has been there about a year and a half. How can we look into the rights and responsibilities for both parties?


Asked on 9/26/04, 8:26 pm

1 Answer from Attorneys
Michael Zusman Evans & Zusman, P.C.

Re: Easment

The answer to your question depends on the language of the easement itself. This assumes there is an actual written easement. If there isn't one, your friend may have a difficult time establishing her rights. Generally, any rights in real estate, including easements, need to be in writing. There are exceptions based on longstanding, continuous usage, but these can be difficult to prove. Feel free to have your friend e-mail me directly if she wishes to pursue this matter further.

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Answered on 9/27/04, 12:55 pm


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