Legal Question in Real Estate Law in Oregon

Property Access

I am wanting to buy some property in Klamath County Oregon. It is hidden behind other properties and has 2 miles of good dirt road passing through other properties. I dont know who built the road but it is most likely a fire road (it goes beyond the property I want, and into the hills). One of the property owners that the road passes through is building gates and appears to have intentions of locking it because there is also a chain with padalock attached to the new posts. I left a note at one of the gate sites, explaining that there is property beyond the gate that needs to be accessed and left a contact phone number. They have NOT called and I dont know if they will.

It has one other way into the property that is clear of gates etc. however it is very rough and takes a 4-wheel drive truck to access the property from this road.

My question is: Do I have legal right to access my ''property to-be'' even if the road crosses someone elses property? If I do, Do I have a right to cut the chain he has applied and apply my lock in series with his? I really like the property, but dont want a big legal hassle if thats what goes along with it.

Thank You,

Dennis


Asked on 5/13/08, 10:03 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: Property Access

Part of buying real property is ascertaining whether there is legal access to it. In order to use the road you like, you (as the property owner) must have an easement to cross the other owners' land. A title search of the property will tell you whether that right exists. You should also ask the current owner of the property about access rights.

Any purchase agreement should contain language that allows you to get out of purchasing the property if it does not have appropriate legal access.

Read more
Answered on 5/14/08, 1:07 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Oregon