• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

right of way of necessity

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

judyhopfer

Junior Member
What is the name of your state (only U.S. law)? Oregon
We have a piece of land locked property that we have received Measure 49 approval to build on. Premission was not available till this new measure went into effect and we were granted ok. We have no access from our existing home site. The county will not grant any more road accesses on our side of the street. We would like access from neighbors "private Lane" to our property. The neighbor has 3 more accesses to grant from the "private lane" but refuses use of the lane as it runs paralel to his house. His wife does not want any more traffice on the lane. She works outside of the home during the day. The husband is on disability. Therefore, we have offered to purchase a 20 foot strip next to our property line, using a portion of the "private Lane" to access the strip. This would put the 20 foot strip about 100 feet from his house. The portion of use of his "private Lane" would be from the street level to the start of our access lane, about 50 feet for safety of rigs turning to the left to access our lane. The piece of property the access lane would be on is about 100 feet wide by 440 feet deep, not enough for him to develop as a building site. Do to his purchase date, he needs 2 acres to subdivide. If we purchased this 20 foot strip, he would still have over 6 acres and his right to subdivide would not be impacted.
He had in the past offered to sell us a portion for a driveway but said the property was in his wifes name and she refused. Per county records, both of their names are on the title. Since he bought the property about 8-10 years ago, this piece has only been used for pasture and storage of old decaying cars and a boat. Half of the piece is now overrun with blackberrys. What are our chances of a "way of necessity" to our property to build?
 


Zigner

Senior Member, Non-Attorney
What is your real estate attorney's take on this?


What is the name of your state (only U.S. law)? Oregon
We have a piece of land locked property that we have received Measure 49 approval to build on. Premission was not available till this new measure went into effect and we were granted ok. We have no access from our existing home site. The county will not grant any more road accesses on our side of the street. We would like access from neighbors "private Lane" to our property. The neighbor has 3 more accesses to grant from the "private lane" but refuses use of the lane as it runs paralel to his house. His wife does not want any more traffice on the lane. She works outside of the home during the day. The husband is on disability. Therefore, we have offered to purchase a 20 foot strip next to our property line, using a portion of the "private Lane" to access the strip. This would put the 20 foot strip about 100 feet from his house. The portion of use of his "private Lane" would be from the street level to the start of our access lane, about 50 feet for safety of rigs turning to the left to access our lane. The piece of property the access lane would be on is about 100 feet wide by 440 feet deep, not enough for him to develop as a building site. Do to his purchase date, he needs 2 acres to subdivide. If we purchased this 20 foot strip, he would still have over 6 acres and his right to subdivide would not be impacted.
He had in the past offered to sell us a portion for a driveway but said the property was in his wifes name and she refused. Per county records, both of their names are on the title. Since he bought the property about 8-10 years ago, this piece has only been used for pasture and storage of old decaying cars and a boat. Half of the piece is now overrun with blackberrys. What are our chances of a "way of necessity" to our property to build?
 

Mass_Shyster

Senior Member
Did the same person ever own both parcels of land?

It sounds like you may have a better chance of getting the county to grant road access than the neighbor.
 

justalayman

Senior Member
. What are our chances of a "way of necessity" to our property to build?
If you purchased the property knowing it was landlocked and you didn't buy it from the guy you now seek an easement from, you are fighting a losing battle. Courts do not like to injure a party that is not the cause of your problem. If you accepted the property knowingly aware of the problems, it is your fault and your neighbor should not be required to give up something to fix your problem.
 

judyhopfer

Junior Member
landlocked property/way of necessity

We have owned our property for 45 years,3 acres. Only recently received state/county ok to partition and build on back half. The back half has always been land locked. One home is directly across our property line where we want to build and uses the same neighbors private lane. Her access was granted by her parents who owned the property previously. The current owners are the ones we would like to buy access from as they do not want anyone else using their private lane, they don't even like the daughters use as granted by the former owner, her parents. We would be willing to offer the daughter access to our lane if the neighbor would sell us the access thereby eliminating traffic near their house. The neighbor will not discuss any option with us or meet us halfway to explore a discussion. Partition of our property cannot be done without confirmed access. Our daughter and her family are moving across the street from us so we intend to stay in area for many years.
 

justalayman

Senior Member
How can the back half of your land be landlocked it the front half isn't?

or, does the front half of your lot utilize this same easement you are now seeking additional usage from to serve the back half of your lot?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top