Interfering with an easement

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Latest post Tue, Jan 3 2017 1:55 PM by ca19lawyer2. 15 replies.
  • Thu, Dec 29 2016 5:42 PM

    • boydbuday
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    Interfering with an easement

    Is it trespassing if I force entry into our recorded deeded easement before a quiet title suit has declared our easement "Extinguished"? Threats!

     

    I am being threatened as being a trespasser.  The claim is we have abandoned our easement or lost it thru adverse possession. No quiet title suit has occured. 

  • Fri, Dec 30 2016 4:53 AM In reply to

    • Drew
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    Re: Interfering with an easement

    laymans rambles:

    unwise not to make periodic open visible  use of easement so as to inhibit any such claims 

    Unlikely police will make arrests over a civil dispute...but they could 

    Miight be a very interesting counter suit for false arrest if servient tenant  knowing of easement had dominate tenant arrested for mere supposed  trespass on own easement .

    Nothing is abandoned  or lost by adverse possession until court so holds...and its not a slam dunk...

    Explain what is going on.

     Me, my inclination is to go make some  use of my own easement and make the clear point I have no intention to abandon it ...and to clearly interrupt the time clock .  With witnesses and video whatever ....

     



  • Fri, Dec 30 2016 8:39 AM In reply to

    Re: Interfering with an easement

    boydbuday:
    Is it trespassing if I force entry into our recorded deeded easement before a quiet title suit has declared our easement "Extinguished"? Threats!

    Just exactly what do you mean by "force entry"?  As far as I know (I'm not a lawyer), damaging someone else's property is a crime in itself, so if you have to cut a lock or remove part of a fence in order to use your easement, you may be stuck having to enforce your easement rights through the courts, by filing a quiet-title lawsuit yourself.

    Even if you can use your easement without damaging anything, it may be a good idea to pay a good property-law attorney for a consultation and to write a stern letter to your neighbor for you, if he or she confirms the law is on your side.  Make sure to get a list of all the relevant caselaw from the attorney, if you want to understand the strengths and weaknesses of your legal position yourself rather than just rely on the lawyer's opinion.

  • Fri, Dec 30 2016 8:53 AM In reply to

    • Drew
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    Re: Interfering with an easement

    I agree in part about not destroying other property ....but I might just climb over a fence or whatever and be sure to record my presence on the easement I hold ...I want the clock stopped and reset IF there is a clock in play .

    NO ..you have no right to trespass on other lands outside the supposed easement so as to access your easement ....be careful! 

    OP..if you told us more about what is in play you might get better suggestions .. not clear what you mean about forced entry .   I might find creative ways around a $3.99 lock ...but we don't know what is going on....

     

     



  • Fri, Dec 30 2016 8:57 AM In reply to

    • Drew
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    Re: Interfering with an easement

    PS...I might just have multiple copies of the recorded deed/easement in my pocket or darn handy .



  • Fri, Dec 30 2016 8:57 AM In reply to

    Re: Interfering with an easement

    I did some searching around, and found what looked like a great explanatory resource, until I noticed that it was written for Washington State!  Even so, it does refer to a few non-Washington cases, including one from Oregon, so here's the link.

    Also, just in case you haven't already found this information and would like to read the actual Oregon laws, here are links to the Oregon Revised Statutes Chapter 105 - Property Rights and Chapter 164 - Offenses Against Property.

  • Fri, Dec 30 2016 9:44 AM In reply to

    • Drew
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    Re: Interfering with an easementa

    WHile you are at it...take a look at ORs laws as to extortion and theft by extortion ....if I attempt to block or withhold use of your property (right) under threat of reporting you for a crime to authorities ...I may just have crossed a line in the sand ? 

     

    OP....what is going on? 



  • Fri, Dec 30 2016 1:01 PM In reply to

    • boydbuday
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    Re: Interfering with an easementa

    Drew, I hope you've hit on something here if you could elaborate further. That would be exciting. I will search Oregon revised statutes. This attorney is so f....ing arrogant, probably because his firm is the best in the Valley And his associates have been embedded In local politics, etc.

     

    Excuse my Dragon speak spelling errors

  • Fri, Dec 30 2016 1:37 PM In reply to

    Re: Interfering with an easementa

    Like me, Drew is not a lawyer.  I do not agree with him that the facts as you have presented them so far even remotely suggest any criminal extortion has occurred.

    boydbuday:
    This attorney is so f....ing arrogant

    Attorney?  Is your neighbor an attorney?  Or is it that he has hired one?

    Either way, if the other side has an attorney involved and preserving your easement rights is important to you, IMHO you need to consult the best attorney you can ASAP.  I don't believe there are any Oregon land law attorneys who give free advice on this forum, and your issue is not the kind of run-of-the-mill issue people like me and Drew can really give reliable advice about.

  • Fri, Dec 30 2016 2:03 PM In reply to

    • Drew
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    Re: Interfering with an easementa

    OP we have no clue what is going on.....if the other side is acting like a bully...that by itself is not improper.



  • Sat, Dec 31 2016 7:39 AM In reply to

    Re: Interfering with an easement

    boydbuday:
    The claim is we have abandoned our easement or lost it thru adverse possession.

    Here's a link to the appeals court decision in Slak v. Porter, the Oregon case referenced in the discussion of easement law in Washington State that I gave you a link to earlier.

    And here's a link to another Oregon appeals court decision, Uhl v. Krupsky, that came up when I googled Slak v. Porter.

    If your neighbor has blocked your easement continuously for at least 10 years, such as by building a fence or a wall or planting plants you can't get through, you may be out of luck.  But there are exceptions, one of which applies in some cases where nobody has yet tried to use the easement because it wasn't needed yet (such as if the land was vacant and you are only now trying to build on it).  And if your land isn't usable without the easement or one like it, you can probably sue to receive a new easement "of necessity."

  • Sat, Dec 31 2016 7:47 AM In reply to

    • Drew
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    Re: Interfering with an easementa

    A smart lawyer may bully you but stop short by a free words of a line in the sand as to extortion....I'll leave details to others .

    But an easement is a property right ..and an attempt to take away your property right by threat of criminal action report to authorities might just be over line in sand ...as defined in OR....it's a long shot way past me.

     

    OP?..what's going on? 

    Theft by extortion This section is amended Effective January 1, 2017 Chapter 47 Oregon Laws 2016 (HB 4128) Relating to notario fraud; creating new provisions; and amending ORS 131.125, 131.602, 162.235, 164.015, 164.025, 164.035, 164.075, 194.315, 194.340 and 701.098.

    (1)A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:

    (a)Cause physical injury to some person;

    (b)Cause damage to property;

    (c)Engage in other conduct constituting a crime;

    (d)Accuse some person of a crime or cause criminal charges to be instituted against the person;

     

     



  • Sat, Dec 31 2016 8:03 AM In reply to

    Re: Interfering with an easementa

    Drew:
    But an easement is a property right ..and an attempt to take away your property right by threat of criminal action report to authorities might just be over line in sand

    Ah, but if OP (and any predecessor owners) has already forfeited his easement by failing to exercise it for 10 or more years after his neighbor first rendered it impassable, then he HAS no property right to give up.

  • Sat, Dec 31 2016 10:56 AM In reply to

    • Drew
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    Re: Interfering with an easementa

    Mere non use of a deeded easement does not constitute abandonment of right to use same .....and there are a few OR appeals cases on point reversing lower court decisions ....not at least until some court so holds and no further appeal is taken....and as Iread it the servient tenant has an uphill burden preponderance  of evidence to meet.   And the burden on servient tenant is even tougher with OR tweaks ..see ORS 105..620

    Note from my limited lay scan the dominant tenant needed to fight into appeals level to prevail and preserve easement .....I speculate that servient tenant may not hold a winning set of cards and it trying to bully the dominate tenant to walk away....OP you may well need a paid gladiator and staying power .

     

     



  • Sun, Jan 1 2017 5:58 AM In reply to

    • Drew
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    Re: Interfering with an easementa

    OP has not given us good clues as to what is going on.  Sure might be useful. 

    ME, I might just take steps,to be standing in that deeded easement with good video records 

    ( for different reasons in a different state I spent a few days digging thru case law as to trespassing ..and scanned the CO issues ....its far from clear that trespassing is even a viable issue here ...and OP should address it to counsel  of his choice...it might be all hot air  ) 

     



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