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?
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?