FYI, here's what it looks like now.
The magenta arrow shows a steep bank from a part of our lawn down to the water.
The blue lines are the maintenance road. It is side sloped to the downhill for drainage.
The red arrow is the steep support bank for the road and ditch.
The yellow arrow is my new access drive which the District has apparently decided is theirs. It leads onto the larger area where I had dirt removed, and everything was graded.
This picture can't show how steep it is. I'd just like you to see how much work I had done, terracing all of this back. Even the paved road is pretty steep. Only the home and lawn areas have been made fairly level. Any mud placed anywhere will flow downhill.
Sorry, I should have spelled that out better earlier. Yes, the easement states that they will (and they did) build the bridge so that the land owner could cross the ditch. How's the landowner to cross if he can't use the road?
Well, that would be for the court to decide. The District has a limited easement on land that I own. There can be no mistaking that the road is for the joint use of the District and the landowner.No, you do not own the road. You own the dirt under it. They own the road and from what you have posted, have no duty to maintain it or to make it usable for others.
Clear and convincing, what is the width? What is the description, for ten years? The courts start out by disfavoring easements by prescription. That's where they start. Any adverse claim must be clear and convincing, and show the place and the amount of land. Time isn't enough although it is an element. The exact spot is also a requirement. One must be able to write a legal description of it, and prove it for ten consecutive years.there is your posting here. You claim this has been happening for 75 years. Sure sounds like an adverse possession to me (although I have not looked up the other requirements of such in Oregon)
It did. It really did, and I thank you. My goal is to convince them that they can't use my new driveway, nor can they use that lower piece as a staging area. They also can't dump mud on the road because gravity will pull it down the support bank and out onto my lower property.sometimes frustration clouds the mind.
Yep. Thanks again.then it would appear court is in your future.


