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Gates on Easemntes, Oregon

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slaBat

Junior Member
What is the name of your state (only U.S. law)? Oregon
I have 12.88 acres and my neighbors have an easement through my land to get to their house. Well in the front of the easement they put up a locked gate and now I can;t drive on it to get to the back of my land. Is that right can they put up a gate? Why can't they have there gate on their land and not mine? Then they said that I can not fence off my land because they have rights to our trees: See below this is on the deed:
" The Grantees wish to retain ownership of all coaifer and hardwoods species on tax lot 300 for as long as they reside on tax lot 304.We want to conting managing the forest land, salvage the dead and dying, and prevent other owners of tax lot 300 from logging or removing the hardwoods from the property."

They are keeping all the trees that they cut and Will not give me any wood at all and they said they own the trees. Why am I paying the taxes on the land if I don't own it???
 


FarmerJ

Senior Member
Were they the original owner and they gave them self a easement over this other parcel in order to access there own ? If so, about the easement itself then Does the easement give them any rights to install a gate on your property ? See a atty and have her/him double check this easements language to make sure and if the atty gives you the green light take the gate down, have the atty send them a letter reminding them the easemnt does not give them the right to install or add anything to your property, if they put it up again take it back down and sue them for damaging your property. About the trees sounds like they gave them self the right to harvest them or prevent harvest . Get a copy of that easement and go see a atty.
 

slaBat

Junior Member
Gates on Easement

Yes they did own the land and sold it in 1994. On the easement it only saids: ingress and egress and utility purposes. They took down an old fence on my land and said we cant put one up.
 

FarmerJ

Senior Member
Use the links up top and locate a atty to review your easement Ill lay odds that letters from atty will be the only thing they understand . Also get a survey done, this business about taking down a fence , telling you `you cannot fence your land in ` unless there is something baring fences hidden in your homes title work , then they are full of selfs.
 

slaBat

Junior Member
Gates on Easements

Well they are on our land burning and cutting down trees right now. Got pictures.
 

FarmerJ

Senior Member
Call your fire marshal /fire chief/ local state natural resouces person(many counties have them ) , to see if burning permits are needed and if the land owner or for lack of better term mineral rights holder must file one when it is not a recreational fire ( barbecue) and if one is needed and was not filed for call the sheriff. The reason being that if by chance you are the required party to file for a burning permit your able to ask the sherrif to make them cease this activity since you did not consent to it.
 
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154NH773

Senior Member
I agree with the advice given you by the others, but you must also realize that you may have purchased the property without a through search of the conditions and burdens it contained. That would be your fault if you didn't do a search or understand the conditions placed on the land.

That said, you should look at the possibility you may be liable for timber tax if one exists in Oregon. see: http://www.oregon.gov/DOR/TIMBER/index.shtml

I'd advise, as have others, to have a competent attorney look at the situation and advise you.
 
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slaBat

Junior Member
Gate on My easement

Will I go to jail if I remove the gate from my easement? They will not even let me put up the fence on my land? I went to an attorney today and after I told them my story they said that they could not talk to us because of conflict:confused:???
 

JustAPal00

Senior Member
Will I go to jail if I remove the gate from my easement? They will not even let me put up the fence on my land? I went to an attorney today and after I told them my story they said that they could not talk to us because of conflict:confused:???
They must represent the other people for something. Go to a different lawyer.
 

154NH773

Senior Member
Will I go to jail if I remove the gate from my easement?
It would be a civil matter so the police would likely stay out of it. The neighbor can take you to court, so try to remove the gate without damaging it.
You must be sure you understand the COMPLETE wording of the easement grant, and what it reasonably implys. (The easement grant contains more than ingress and egress - You said it also allows them to harvest timber, which could imply a lot more.)
As you've been advised; get another lawyer.
 

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