My question involves an easement in the state of: Oregon
My neighbor is locking me out of a deeded, recorded, perpetual and appurtenant easement in our properties name for ingress and egress. The last time we demanded access was about 18 years ago. Our neighbor threw a fit but he did allow access.
Through his attorney he is threatening a quiet title suit against me since I have again demanded access. He is also threatening to take some of my land he has been using to graze cattle.
His intent is to scare me with the cost of litigation. We have never acted or inferred in any way that we would be giving up this easement.
1st question: Can I file trespassing charges against him for locking me out of my easement?
2nd question: Can I apply for an injunction against him to cease and desist locking me out of my easement?
3rd question: My neighbors actions diminish the value of our property! If we find a buyer the sale may hinge on access through our easement. Can we sue for damages if the sale is compromised?
4th question: I have studied Oregon easement law and easement law generally to include case law and I believe a quiet title suit filed against me would be frivolous. Will the threat of sanctions against both the attorney and my neighbor be an effective tool? In members opinions would it be hard to find an attorney that would threaten serious sanctions against my neighbor and his attorney? Sanctions that would cover my costs defending against a quiet title suit is probably the only way I would seriously consider enforcing our easement!
I have been told that I should just cut the chain and add a lock.
My neighbor has told me through his attorney that he will file trespassing charges against me if I force access!
We have been using our flag lot for access. This access is dangerous and does not comply with grade zoning standards. It is very steep and has caused accidents because of the grade!
We are now considering selling our property and want the new owners to have full access via both the safe easement of record and our flag lot access.
I have considered renting one of the homes on our property that is also serviced by our easement to a friend who would then also have rights of access through the deeded easement!? I thought this might give me leverage against my neighbor and his attorney. I could say much more here but will wait for members opinions and suggestions regarding my statement thus far.
My neighbors attorney is listed as a “partner” of his law firm according to the Oregon Secretary of State. In my opinion he is an embarrassment to his law firm partners. Is the law firm and\or its partners culpable for what I consider a frivolous action by my neighbors attorney. I have thought of sending a letter in the law firm’s name encouraging the firm to inspect and oversee the allegations of my neighbors attorney within that firm? I have also considered a letter to the counties Bar Association and Oregon bar.
My neighbor is locking me out of a deeded, recorded, perpetual and appurtenant easement in our properties name for ingress and egress. The last time we demanded access was about 18 years ago. Our neighbor threw a fit but he did allow access.
Through his attorney he is threatening a quiet title suit against me since I have again demanded access. He is also threatening to take some of my land he has been using to graze cattle.
His intent is to scare me with the cost of litigation. We have never acted or inferred in any way that we would be giving up this easement.
1st question: Can I file trespassing charges against him for locking me out of my easement?
2nd question: Can I apply for an injunction against him to cease and desist locking me out of my easement?
3rd question: My neighbors actions diminish the value of our property! If we find a buyer the sale may hinge on access through our easement. Can we sue for damages if the sale is compromised?
4th question: I have studied Oregon easement law and easement law generally to include case law and I believe a quiet title suit filed against me would be frivolous. Will the threat of sanctions against both the attorney and my neighbor be an effective tool? In members opinions would it be hard to find an attorney that would threaten serious sanctions against my neighbor and his attorney? Sanctions that would cover my costs defending against a quiet title suit is probably the only way I would seriously consider enforcing our easement!
I have been told that I should just cut the chain and add a lock.
My neighbor has told me through his attorney that he will file trespassing charges against me if I force access!
We have been using our flag lot for access. This access is dangerous and does not comply with grade zoning standards. It is very steep and has caused accidents because of the grade!
We are now considering selling our property and want the new owners to have full access via both the safe easement of record and our flag lot access.
I have considered renting one of the homes on our property that is also serviced by our easement to a friend who would then also have rights of access through the deeded easement!? I thought this might give me leverage against my neighbor and his attorney. I could say much more here but will wait for members opinions and suggestions regarding my statement thus far.
My neighbors attorney is listed as a “partner” of his law firm according to the Oregon Secretary of State. In my opinion he is an embarrassment to his law firm partners. Is the law firm and\or its partners culpable for what I consider a frivolous action by my neighbors attorney. I have thought of sending a letter in the law firm’s name encouraging the firm to inspect and oversee the allegations of my neighbors attorney within that firm? I have also considered a letter to the counties Bar Association and Oregon bar.
Use and Enforcement: Denial of Access to an Easement
Aucun commentaire:
Enregistrer un commentaire