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  1. #1

    Default Denial of Access to an Easement

    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.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Denial of Access to an Easement

    1st question: Can I file trespassing charges against him for locking me out of my easement?

    People don't "file charges" they report crimes. You are free to report this "crime" to the police and see how it goes. My bet is that the police will pat you on the head and tell you it's a civil matter and send you home.

    2nd question: Can I apply for an injunction against him to cease and desist locking me out of my easement?

    Yes.

    In fact, that's the only part of your whole post that makes any sense.

    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?

    Sure. Anybody can sue anybody for anything. You just aren't going to win.

    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?

    No.

    Not a bit.

    People who threaten, don't sue. People who sue don't threaten.

    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!

    Then you've lost before you've begun. You either litigate for your rights or you back off and go home. There's never any guarantee that you'll cover your costs. And nobody here is going to give you one.

    I have been told that I should just cut the chain and add a lock.

    Sure, you can do that if you want to. It's entirely up to you. Nobody here is going to give you approval.

    My neighbor has told me through his attorney that he will file trespassing charges against me if I force access!

    Again, people report crimes, the authorities file charges. He'd probably have just as much success with the police as you would.

    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.

    Then you don't sell until you spend the money on an attorney and get this resolved.

    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.

    Again, you litigate or you've got nothing.

    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.

    Waste of time. The lawyer isn't doing anything wrong. He's representing his client. And rather well since he's got you so hornswoggled that you are ranting and raving about everything when you should be hiring a lawyer to take your neighbor to court to enforce your easement.

    By your standards all lawsuits would be frivolous and all lawyers would be embarrassments to their firms if a defendant disagreed with the position of the plaintiff. That's just plain silly.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Denial of Access to an Easement

    Your neighbor has accomplished what he set out to do. He has you all tied up in knots while you sit on your rights contemplating what you should do. If you have a deeded easement for ingress and egress then you have the law on your side and the neighbor can go pound sand.

    The neighbor has threatened to file a quiet title action. It would be interesting to know on what grounds he would do that. As the plaintiff making a claim that the easement was somehow abandoned or extinguished or a claim of adverse possession, he has to prove his case. You on the other hand, don't have to prove anything. So if the neighbor wants to launch into a very expensive litigation to prove something he cannot prove (according to you), call his bluff.

    If he does sue, you have your attorney answer and ask for an injunction preventing the neighbor from interfering with your use of the easement until the case is decided. It will take years to decide.

    Cut the lock if you want access. If you are the dominant tenant, you have a right to access and it's not a trespass. Besides, there is a difference between criminal trespass and civil trespass. If the neighbor wants to call the police and charge you with trespass, you simply whip out your deed and show them that this is a civil matter. You have a license, embodied in the easement grant, given by the possessor of land to be on that land . If the neighbor wants to file a trespass law suit he can or he can included trespass in his quiet title suit but it is unlikely he would win that point.

    So either sit on your rights or get yourself an attorney and come up with a plan.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Denial of Access to an Easement

    I agree if you sit on your rights you risk losing them ...and to a large extent you can exercise your rights physically ..just how far to go you might want to discuss with counsel.

    Bully power wins only if you let it win

    You raise two separate issues.

    1. your rights to your own easement...by OR law mere non use of easement does not extinguish an easement ...but protracted non use can be a factor against you if you otherwise seem to abandon the easement. Personally I would just go and use of my deeded easement with a witness and record same .and even video it and let the rest of the chips fall as they may. But that's your call

    2. If there are sections of your range where you never go and by default your neighbor has a lengthy 10+ years, open, adverse , continuous and EXCLUSIVE use you sure risk an adverse possession claim
    The smarter safer move may be to make periodic personal use of those lands,, ideally to interrupt his use for some time from time to time , to order him off as a trespasser AND follow up , or to grant him written permission for use ..crafted by your attorney?

    Snooze and you stand to loose....

    Whether he is a law firm partner or Pope is not relevant .......

  5. #5

    Default Re: Denial of Access to an Easement

    Thank you sir!

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