davids78bronco
Junior Member
What is the name of your state (only U.S. law)? Oregon
We own .95 acres. Of that, there is a 28 x 175ft driveway from the city street, then my property spreads East for another 240 feet. We have neighbors that have been using this for years, but we want to put up a fence... we're tired of them using our property, despite that we bought the house 3yrs ago. Plus, they have friends and family that drive through several times a day. Last summer, we had a new property survey done. Time hasn't allowed us to continue with the fence plans until this year, when we have decided that we've had enough of this. My wife has talked to employees in several departments within our city office, and no one finds anything on record. Even a lawyer we had hired (but lost, because the firm represented the neighbors 25yrs ago) didn't find anything on court records, or on property, deed and title records.
We HAVE been told by the City that we're allowed to put up a rope across our driveway, and had been confirmed by our previous lawyer. Of course, I get a letter from the neighbor's lawyer stating that it's considered unlawful for me to impede their access through OUR property to their house.
It should be known, that the neighbors own three, .25 acre lots. The lot with their house is landlocked. However, their two adjoining lots provide, and have had, an easement to another city street, yet they absolutely refuse to use it. I've been video taping their trespassing as often as I can catch them. And within the last couple days, their adult children (who, apparently, live with them, now) have actually started increasing their speed through here, as well as encroaching even further on our property.
At this moment, we're waiting for a callback from a second law firm, to see if they can represent us, or not. Until then, I'll be continuing to videotape their trespassing. And reading the letter again, there is a line that states " You should be aware that [said neighbor] have well established easement right to use that access, notwithstanding the fact that such rights do not appear of record" - word for word, letter for letter, is how that line reads.
This is, mostly, to vent about my situation, but I am curious if there are any real estate lawyers that read this forum, and are well familiar with Oregon's laws, to confirm, or correct, my belief that I have every right to not only put up my fence, but to charge them with trespassing.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
We own .95 acres. Of that, there is a 28 x 175ft driveway from the city street, then my property spreads East for another 240 feet. We have neighbors that have been using this for years, but we want to put up a fence... we're tired of them using our property, despite that we bought the house 3yrs ago. Plus, they have friends and family that drive through several times a day. Last summer, we had a new property survey done. Time hasn't allowed us to continue with the fence plans until this year, when we have decided that we've had enough of this. My wife has talked to employees in several departments within our city office, and no one finds anything on record. Even a lawyer we had hired (but lost, because the firm represented the neighbors 25yrs ago) didn't find anything on court records, or on property, deed and title records.
We HAVE been told by the City that we're allowed to put up a rope across our driveway, and had been confirmed by our previous lawyer. Of course, I get a letter from the neighbor's lawyer stating that it's considered unlawful for me to impede their access through OUR property to their house.
It should be known, that the neighbors own three, .25 acre lots. The lot with their house is landlocked. However, their two adjoining lots provide, and have had, an easement to another city street, yet they absolutely refuse to use it. I've been video taping their trespassing as often as I can catch them. And within the last couple days, their adult children (who, apparently, live with them, now) have actually started increasing their speed through here, as well as encroaching even further on our property.
At this moment, we're waiting for a callback from a second law firm, to see if they can represent us, or not. Until then, I'll be continuing to videotape their trespassing. And reading the letter again, there is a line that states " You should be aware that [said neighbor] have well established easement right to use that access, notwithstanding the fact that such rights do not appear of record" - word for word, letter for letter, is how that line reads.
This is, mostly, to vent about my situation, but I am curious if there are any real estate lawyers that read this forum, and are well familiar with Oregon's laws, to confirm, or correct, my belief that I have every right to not only put up my fence, but to charge them with trespassing.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?