Legal Question in Real Estate Law in Oregon
If I own a piece of property in OR that is landlocked on 2 sides by a timber company, 1 side by county owned property that they lease out and the last side is lakefront, can I force the timber company or the county to provide a permanent access easement? So far the timber company will let me use their roads on an "as-needed" basis for say propane delivery trucks and the county says I have legal access via the lakefront. But I need to be able to park cars/trucks at the house, not accross the lake in the boat ramp parking lot. Do I have any recourse?
1 Answer from Attorneys
You could petition the county for an easement of necessity under ORS 376.185:A way of necessity may not be established under ORS 376.150 (Definitions for ORS 376.150 to 376.200) to 376.200 (Transfer of jurisdiction over establishment of ways of necessity to circuit court) across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.
(2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:
(a) If the political subdivision owns the land, the governing body of the political subdivision.
(b) If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land. [1979 c.862 �7; 1993 c.98 �17]
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