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Thread: easement width

  1. #1
    quilter5 is offline Junior Member
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    easement width

    What is the name of your state (only U.S. law)? Lane county Oregon
    Included in our & our neighbor's deeds, we have a 20 feet perpetual non-exclusive easement for ingress, egress and utilities over & across, & through the south end of our neighbors lot to access Hwy 101. We paid for the installation & all maintainance on the easement. Over the past 12 years we have only used approximately 13 feet for driveway and a ditch for run-off water from our & the national forest hillside behind us. Our neighbor has divided their lot & their son's new home is 30 feet from our neighbor's south boundry. ( Lane County wouldn't allow it any closer- should our easement be converted to a road by the county in the future). In order to bring in their modular home they filled in the drainage ditch. I'm fearful in developing their yard they will move the drainage ditch too close to the drive or eliminate it altogether which will erode the base &/or surface of our driveway (easement), put up a fence too close that would make it difficult for wide (fire) trucks to drive through.

    Do we have the right to use the entire 20 feet for drive & drainage should we choose to widen our drive?

    On the Hwy 101 right of way, just beyond our easement we have a small lighted sign for our B&B. We have run the electricity to it underground on the south edge of the easement, is this cover under "utilities" in easement discription?

    Thank you!!!!!!!!!!!!!!
    What is the name of your state (only U.S. law)? Oregon
  2. #2
    154NH773 is offline Member
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    If you have a 20 foot easement, then no one can encroach upon that easement, and must leave room for necessary drainage, etc.

    I would consider the electric line to your sign as being "utilities"; however, if your sign is on the easement it may not be allowed.
  3. #3
    quilter5 is offline Junior Member
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    Thanks,
    They are moving dirt as I type, so am hoping they will do it right if not I'll have to confront them. Thankfully the sign is beyond the easement.
  4. #4
    justalayman is offline Senior Member
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    whose property is the sign on?
  5. #5
    drewguy is offline Member
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    Quote Originally Posted by quilter5 View Post
    Thanks,
    They are moving dirt as I type, so am hoping they will do it right if not I'll have to confront them. Thankfully the sign is beyond the easement.
    Why don't you confront them nicely before they finish moving the dirt.

    While I agree you have the full 20 feet for your use, it is possible that someone could claim that use does not include rights to use it for drainage. On the other hand, it would be pretty short sighted for the servient estate to resist that because then you would probably put up something to prevent runoff and they would have to provide their own drainage.

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