My question involves real estate located in the State of Oregon.
I own a typical ingress/egress easement with clear chain of title. The layout is identical to the Wiktionary "easement" diagram. The language on my deed is simple and clear: 20' for ingress/egress. I have the dominant estate. The servient estate is an 800# gorilla (school) that has been running a household garden water hose across the easement and installed a sturdy platform the size of a pallet (5'x5') as a step for school fence gate access. I have objected to both objects which I consider to be obstacles, hazards, and liability risks. I have caught my bumper on the hose a few times, which is kind of scary to me as I have no idea what's happening on unseen ends (plumbing? a person holding the hose?) of the hose when I do. In my mind, they are obvious and clear easement trespass situations. Additionally, I bought this property with ideas of development. Obstacles such as these look bad and (IMHO) diminish the value of my property; I have had friends even state to me "That looks "ghetto"". I bought this property knowing about the easement, and that easement is of great value to me going forward. I feel I ought not be laissez faire about it and prefer to address the issue sooner rather than later, as I have plans for future sale or development.
I feel like the law is clear in these circumstances. However, there is that issue of reasonableness. Sure, I still have plenty of room to drive my car around the platform poking 5' into the easement. And, 95% of the time, the garden hose is not an issue when I drive over it. But I don't believe it is right to put obstacles in that driveway because to do so would be a "slippery slope" of exclusions. Where does the slippery slope end? Until I can barely squeeze by along this driveway? Until I jerk the garden hose plumbing out of the school wall?
In my mind, it's clear that my easement is absolute regarding such obstacles or "nuissances". But I want to be certain. I prefer to stay out of civil suits and settle it via discussion and education. Thank you.
I own a typical ingress/egress easement with clear chain of title. The layout is identical to the Wiktionary "easement" diagram. The language on my deed is simple and clear: 20' for ingress/egress. I have the dominant estate. The servient estate is an 800# gorilla (school) that has been running a household garden water hose across the easement and installed a sturdy platform the size of a pallet (5'x5') as a step for school fence gate access. I have objected to both objects which I consider to be obstacles, hazards, and liability risks. I have caught my bumper on the hose a few times, which is kind of scary to me as I have no idea what's happening on unseen ends (plumbing? a person holding the hose?) of the hose when I do. In my mind, they are obvious and clear easement trespass situations. Additionally, I bought this property with ideas of development. Obstacles such as these look bad and (IMHO) diminish the value of my property; I have had friends even state to me "That looks "ghetto"". I bought this property knowing about the easement, and that easement is of great value to me going forward. I feel I ought not be laissez faire about it and prefer to address the issue sooner rather than later, as I have plans for future sale or development.
I feel like the law is clear in these circumstances. However, there is that issue of reasonableness. Sure, I still have plenty of room to drive my car around the platform poking 5' into the easement. And, 95% of the time, the garden hose is not an issue when I drive over it. But I don't believe it is right to put obstacles in that driveway because to do so would be a "slippery slope" of exclusions. Where does the slippery slope end? Until I can barely squeeze by along this driveway? Until I jerk the garden hose plumbing out of the school wall?
In my mind, it's clear that my easement is absolute regarding such obstacles or "nuissances". But I want to be certain. I prefer to stay out of civil suits and settle it via discussion and education. Thank you.
Trespass: Easement Trespass: What Constitutes an Obstruction/Nuisance/Hazard on an Easement?
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