Oregon-neighbor's gate enters our backyard to access his easement property...help!

[AircraftRepair]

This is not an easy situation to describe, but I'll do my best. We live on one street, our neighbors on another. Our backyards meet on the property line. It's the same way all the way down the two blocks. All yards are fenced down the block. However, there is an easement for city usage. It's somewhat of an imaginary easement. We own 6 feet on our side of the easement and our neighbor owns six feet on his side. Through the years, fences were put up by one owner or by the other. There is no visible easement. Now it so happens that the neighbor behind us moved in and rebuilt the fence that divided our two properties. Rather than enclose his portion of the easement with the new fence, he decided to build the fence 6 feet on his side leaving his easement 6 feet on our side. Then he decided to put a gate on the fence to access his six feet of the easement that is in our backyard. So, now he comes through the gate whenever he pleases to dump yard trimmings and such...which is technically his easement property, yet in our backyard. We worry that if our dog decided that he was a threat one of these times our neighbor might be bitten. It doesn't seem right!!
Do we need to put up another fence to keep him out of our yard??

We have taken care of this easement property for over 12 years before he moved in and we continued to do it for now another 7 years.

It just doesn't seem right...please respond.

Oregon-AircraftRepair

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AircraftRepair:
This is not an easy situation to describe, but I'll do my best. We live on one street, our neighbors on another. Our backyards meet on the property line. It's the same way all the way down the two blocks. All yards are fenced down the block. However, there is an easement for city usage. It's somewhat of an imaginary easement. We own 6 feet on our side of the easement and our neighbor owns six feet on his side. Through the years, fences were put up by one owner or by the other. There is no visible easement. Now it so happens that the neighbor behind us moved in and rebuilt the fence that divided our two properties. Rather than enclose his portion of the easement with the new fence, he decided to build the fence 6 feet on his side leaving his easement 6 feet on our side. Then he decided to put a gate on the fence to access his six feet of the easement that is in our backyard. So, now he comes through the gate whenever he pleases to dump yard trimmings and such...which is technically his easement property, yet in our backyard. We worry that if our dog decided that he was a threat one of these times our neighbor might be bitten. It doesn't seem right!!
Do we need to put up another fence to keep him out of our yard??

We have taken care of this easement property for over 12 years before he moved in and we continued to do it for now another 7 years.

It just doesn't seem right...please respond.

Oregon-AircraftRepair<HR></BLOCKQUOTE>

You should check with the City on the easement requirements and read your title report. In your area, I believe the easement was created and given in favor of the City for purposes such as garbage collection, utlity access/maintenance etc. Does the City allow fences to be built in the easement areas? If the easement was also made for the neighbor to access your property then there is nothing you can do. For your protection since you have a dog, you should put up a fence with a locked gate next to your property line (outside of the easement area and leaving it free) so your dog can not use the easement area. You should be concerned with the possibility of your dog not only biting the neighbor but anyone else that would use this easement such as the garbage collector, electric, gas, water, cable workers, drainage maintenance workers etc.