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Irrigation Easement on Property

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kearney

Junior Member
What is the name of your state (only U.S. law)? Oregon

I am buying a house that has a irrigation easement road through the back yard. We were told we could gate the property if we provide access to the irrigation company to have access through it and that is fine with us, but the real question is they told us we cannot use a electric gate or a lock for the gate, that we HAVE TO PUT A SOLAR GATE OPENING KIT on the gates. Can they dictate what kind of hardware goes on the gates like that? Are we allowed to use a electric one or are we legally required to put in a more expensive solar unit because they say so.
Any advice would be greatly appreciated!
 


kearney

Junior Member
they are "Arnold Irrigation" the ones who have the easement told us we had to put in a solar gate.
From what I have read it seems that as long as they have reasonable access that they can't make unreasonable demands. Isn't telling us that it HAS to be solar unreasonable?
 

Zigner

Senior Member, Non-Attorney
Counter offer by stating you will allow such a gate to be installed, so long as they pay the difference between a "regular" gate and the gate they want. Additionally, require that they agree to pay for all maintenance issues that come up that would not be present in a normal gate.
 

154NH773

Senior Member
We were told we could gate the property if we provide access to the irrigation company to have access through
What someone "told" you is irrelevant. What does the wording of the easement allow you to do, or not do? For example; it may say that you cannot block the road in any way, and maybe the company is allowing you to gate the property contrary to the easement wording only if you do it the way they want.
You need to get the exact wording of the easement before taking anyone's advice on this forum.
 

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