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  1. #1
    Join Date
    Jun 2008
    Posts
    5

    Default Fencing and Gating an Easement

    I have a 30' easement up the side of my property, which has not been used in over ten years. The easement accesses and acre of land that is not build able due to the close proximity of a creek. We moved here recently with farm animals and decided that we could utilize the existing fence that is on the property line to fence to and gate so as to provide access to the easement holder. The problem that we are having is the easement holder is upset the we put a 12' gate instead of a 30' gate which grants the full 30' access. Furthermore he is worried that he will let my animals out by mistake and does not want to be held liable for that. What are my rights as the property owner keeping in mind that the easement has not been used in years? He has offered to sell the easement to me for 5K.

  2. #2

    Default Re: Fencing and Gating an Easement

    If you buy you need to also buy the lot. If just depends on whether you want the property. In most states you can put up a gate for a legitimate reason as long as the easement holder has access. You do not have to put up a 30ft. gate.

  3. #3
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Fencing and Gating an Easement

    I guess I did not make it clear. I own the property already, the person that owns the acre behind has the easement and wants to sell me the easement by giving up his right to use it. The state that we live in is Oregon.

  4. #4

    Default Re: Fencing and Gating an Easement

    If you buy the easement, how is he going to access the lot?

  5. #5
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Fencing and Gating an Easement

    He owns acerage on the other side of the creek. However he would no longer have vehicle access to his property on this side of the creek. Also for him to gain access, as of now, would require a cat to clear a path as it is overgrown with Manzanita, Buck Brush, and even 3' sink hole. As indicated earlier it has been over ten years since he last drove back there.

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