Yes. They were required to build the road and to provide each property owner with a bridge from that road to cross the ditch. This was to benefit the owner because the property was cut in two by the ditch. Those bridges were wonderfully built on concrete piers using all steel except for heavy wooden planking. They are all still there. They will support cars, pickups and tractors, etc.
Also, I'm not asking them to maintain it. I'm asking to not trash it and make it impassible by all but a track laying machine such as their excavator. I "maintained" it with my own money and it's in good shape now. Remember. I still own that road, and I also have the right to use it.
See above.As I read it, the road is for the purpose of maintaining the ditch which means, it is up to them to build it or maintain it, at their discretion. If you believe otherwise, and since they have not been receptive to your demands, make your demands in court.
So far they have complied with my request to stop dumping on the road or over the bank. However, they act like they think I'm crazy. One day, after I paid to clean it all up, some of the workers were there. They asked me what I expected them to do with dirt they remove when cleaning the ditch. I told them that since I had made, and intended to keep the road passable, and that because their easement is just 30' wide and any mud running down the bank and outside of the easement would be a trespass, I guessed they should bring a dump truck. I told them that's what I'd used to get rid of it. They laughed at me like "What? Bring a dump truck?" Yep, and I'd just spent $5k having it cleaned up and hauled off.You might win an argument they must remove the dirt removed from the ditch but I believe that is as far as you will get with the road issue.
I think you're right. However, something is new. I spent the money to clean it up, reduce everything to 30', smooth up the road and the sides of the bank and now I want it kept that way. I also told them not to bother thinking prescriptive easement or adverse possession. In Oregon that takes ten years of use. Since they did it every year, adding to the width of the mud they dumped, there would be no way to prove what it was two years ago, much less ten. The standard of proof for prescription is clear and convincing.this has been happening for 75 years? Guess what: past practice with no formal complaints is going to go a long way in court...for them.
That's what I wanted to hear. Somehow it just wouldn't come to me.You can't. You do not have the right to restrict them from the easement.
go to court and seek injunctive relief demanding they remedy whatever you believe they must do.
I've truly tried that. I've actually tried to set up a meeting with management and been rebuffed.what you need to do if you do not want to hire a lawyer at this time is attempt to start a dialogue with them. Coming at them in a fury is often rebuffed. You do get more flies with honey than vinegar in this step of the process. You can always escalate your actions and demeanor but going backwards doesn't happen. Contact whomever is in charge of these cleanings and speak with them about your complaint. Attempt to avoid threatening them with legal action. They are used to it and if they believe they are correct will simply tell you to go ahead and sue them.
Probably, but I do have the right to arrest them using force if necessary. I wouldn't do that, but I wanted them to "know that I know" that I could.their use of your new drive, which I presume is not part of the easement, is where you can make actual demands and expect them to be complied with. They have absolutely no right to use any of your land outside of the easement. If it was me, I would make it clear that such use was not allowed without specific permission from you which, at the time, is not given. Their use of land outside the easement is a trespass and can be dealt with in a civil court. It might be able to be dealt with in a criminal court IF the local prosecutor chose to take it on. I suspect they would suggest you seek civil remedies.
Thanks for the help. I'm going to file a pleading for injunctive relief. I can't believe I was that brain dead.


