Legal Question in Real Estate Law in Oregon
Easment
We own a piece of property that sits in the middle of two other properties. The first owner has the property that the driveway is on. The third owner has a legal right of way through the first owners property for his driveway and has had that since before the first owner even aquired the property. The driveway has been used for our property for about 8 years, and we have lived here for 1 year. The owner of the first property said we can't use the driveway anymore. The third owner said we can use it because it is their right of way. Our actual right of way is on an the fourth piece of property but to use it would involve moving fences and building a new bridge.
1 Answer from Attorneys
Re: Easment
The law of easements is quite complicated. At least some of the answers turn on the documents that created your neighbor's written easement. There is no simple answer to your question.
If there is no way to legally use your neighbor's easement, you may have to move the fences and build the bridge. You should, at the least discuss a demand to move the fences blocking your legal right of way. If you leave the fences there too long, you may eventually lose the right to use that right of way.
Easements and rights of way can have a significant effect on the value of your property. Please call us or another attorney. You should not let this matter wait.