tonkamankd
Junior Member
What is the name of your state (only U.S. law)? OREGON, The home that I purchased has a flag lot behind it. The person that I bought from built on the flag lot. The road to his flag lot goes in front of my house and shop and he retained ownership of the road. I have an easement recorded right on the deed of the house that says I have the right to Ingress and egress to the rear of my parcel. We also have a maint. agreement for the road. The easement clearly states that it is for the entire 25 foot wide, 250 foot length of my property and it goes from my southern property line to the adjoining neighbors property line. I have used the road to access my shop and I have permssion to use the adjoining land that runs along side the existng road. I do on occasion turn left onto this other property at the end of the road. The man that I bought from is upset that I use this other property and he installed a number (20 or so) metal fence posts along the property line that he shares with the other landowner to keep me out of the (field). The field owner does not want a fence and I have a letter so stating, but he is 85 years old and is trying to stay out of this mess. I pulled the fence posts because I couldnt turn around in front of my shop with them there and also to continue to access the field. My arguement is that the posts impede my use of the easement, we go to small claims court next week. My question is ..... does the flag lot owner have the right to fence the side of the road? He has stated that he will fence both sides and I will have to find new access to my home and shop (which cannot really be done). I run a trucking business out of the shop and a fence on the side of the road makes it very difficult to come and go with trucks and trailers. The fence also serves no purpose other than to stop me from access to the field and making it hard to turn around. Help me.What is the name of your state (only U.S. law)?