What is the name of your state (only U.S. law)? OREGON
I just found out that there is an ingress/egress easement on my property. My lot is basically square, and the easement runs along the entire south side of my property. The easement is for 12 ft deep along the entire 78.18 ft of the south side of the lot...ie 938.16 sq ft of my property. My neighbor on the south side of my property sold to a developer who is now subdividing the existing lot into 3 new lots. He now needs to expand what used to be a paved drive way, into a public road and he is telling me he needs to build a sidewalk on or against the easement on my property. I currently have a fence running along the length of the south side of my property (on top of the easement), and the developer wants it moved. Our first interaction was when the developer told me I had to move the ence myself because it was on his property. I called BS and had him bring in surveyors who sure enough showed that the fence is on my property. Not that this has been established, I want to know what my rights are.
Who is financially responsible for moving my fence that sits on the easement?
Are my rights different if the developer just needs the fence removed so he can build the sidewalk, vs if he actually wants to PLACE the sidewalk on my property?
The developer told me that if he got the county involved, they would make me move my fence in so that it didn't sit on the easement WHATSOEVER. Is this true?
He also said that the county would require that there is an unobstructed view of his new road, and that they might make my take down my fence altogether!
Any help/advice that anyone can offer would be greatly appreciated. Even hyperlinks to documentation on the web would be beneficial.
Thanks in advance!What is the name of your state (only U.S. law)?