EASEMENT QUESTION

[ASTRORND]

What is the name of your state?OREGON


THIS IS MY QUESTION IM BUYING A LOT IN LAPINE OREGON.MY BUDDIES FAMILY OWNED IT FOR YEARS.THE FATHER DIED IN 2011.THE PROPERTY HAS SAT EMPTY SINCE.HES ADJOINING NEIBOR WAS HIS BUDDY SO WHILE HE WAS LIVING THEY WOULD JUST DRIVE THROUGH A SECTION OF PROPERTY TO HANG OUT TOGETHER.WELL AFTER HE PASSED THE GATED SECTION WAS USED TO ENTER ROADWAY FOR A FEW YEARS AFTER.THEN THE OTHER OLD GUY DIED AND NOW THE NEW OWNERS ARE USING IT TO ENTER ROAD CAUSE IT IS SHORTER ROUTE.IT GOES DIRECTLY THROUGH THE CENTER OF MY LOT.NOW THROUGH MY RESEARCH I FOUND THIS EASEMENT ON FILE.IT READS EXACTLY LIKE THIS.PS THIS IS ON RECORD FOR THERE LOT....

THE SELLER HEREBY RESERVES A 20 FT RIGHT OF WAY ALONG THE BOUNDRY LINES OF SAID PROPERTY,WITH RIGHT OF ENTRY UPON,OVER,UNDER,ALONG,ACROSS,THE SAID RIGHT OF WAY FOR THE PURPOSE OF ERECTING,CONSTRUCTING,OPERATING,REPAIRING AND MAINTANING POLE LINESWITH CROSS ARMS FOR THE TRANSMISION OF ELECTRICAL ENERGY AND FOR TELEPHONE LINES AND OR FOR LAYING, REPAIRING,OPERATING AND RENEWING ANY PIPE LINE OR LINES FOR WATER,GAS OR SEWER AND CONDUITS, WIRES AND RESERVING THE SELLER THE SOLE RIGHT TO CONVEY THE RIGHTS HEREBY RESERVED..

THE WAY I READ THIS IT IS A UTILTY EASEMENT NOT AND INGRESS OR EGRESS EASEMENT..IM INSTALING A GATE BACK AND INSTALLING ONE AT FRONT OF PROPERTY.WHAT DO YOU THINK..

 

[Just Blue]

What is the name of your state?OREGON


THIS IS MY QUESTION IM BUYING A LOT IN LAPINE OREGON.MY BUDDIES FAMILY OWNED IT FOR YEARS.THE FATHER DIED IN 2011.THE PROPERTY HAS SAT EMPTY SINCE.HES ADJOINING NEIBOR WAS HIS BUDDY SO WHILE HE WAS LIVING THEY WOULD JUST DRIVE THROUGH A SECTION OF PROPERTY TO HANG OUT TOGETHER.WELL AFTER HE PASSED THE GATED SECTION WAS USED TO ENTER ROADWAY FOR A FEW YEARS AFTER.THEN THE OTHER OLD GUY DIED AND NOW THE NEW OWNERS ARE USING IT TO ENTER ROAD CAUSE IT IS SHORTER ROUTE.IT GOES DIRECTLY THROUGH THE CENTER OF MY LOT.NOW THROUGH MY RESEARCH I FOUND THIS EASEMENT ON FILE.IT READS EXACTLY LIKE THIS.PS THIS IS ON RECORD FOR THERE LOT....

THE SELLER HEREBY RESERVES A 20 FT RIGHT OF WAY ALONG THE BOUNDRY LINES OF SAID PROPERTY,WITH RIGHT OF ENTRY UPON,OVER,UNDER,ALONG,ACROSS,THE SAID RIGHT OF WAY FOR THE PURPOSE OF ERECTING,CONSTRUCTING,OPERATING,REPAIRING AND MAINTANING POLE LINESWITH CROSS ARMS FOR THE TRANSMISION OF ELECTRICAL ENERGY AND FOR TELEPHONE LINES AND OR FOR LAYING, REPAIRING,OPERATING AND RENEWING ANY PIPE LINE OR LINES FOR WATER,GAS OR SEWER AND CONDUITS, WIRES AND RESERVING THE SELLER THE SOLE RIGHT TO CONVEY THE RIGHTS HEREBY RESERVED..

THE WAY I READ THIS IT IS A UTILTY EASEMENT NOT AND INGRESS OR EGRESS EASEMENT..IM INSTALING A GATE BACK AND INSTALLING ONE AT FRONT OF PROPERTY.WHAT DO YOU THINK..

Yikes! Posting in all caps, as you did, is not only hard to read but is considered "yelling" on the internet. Please, in follow up postings, do not yell at us.

Thanks!

 

[ASTRORND]

sorry didnt realize.are you gonna help me or what?

 

[quincy]

What is the name of your state?OREGON


THIS IS MY QUESTION IM BUYING A LOT IN LAPINE OREGON.MY BUDDIES FAMILY OWNED IT FOR YEARS.THE FATHER DIED IN 2011.THE PROPERTY HAS SAT EMPTY SINCE.HES ADJOINING NEIBOR WAS HIS BUDDY SO WHILE HE WAS LIVING THEY WOULD JUST DRIVE THROUGH A SECTION OF PROPERTY TO HANG OUT TOGETHER.WELL AFTER HE PASSED THE GATED SECTION WAS USED TO ENTER ROADWAY FOR A FEW YEARS AFTER.THEN THE OTHER OLD GUY DIED AND NOW THE NEW OWNERS ARE USING IT TO ENTER ROAD CAUSE IT IS SHORTER ROUTE.IT GOES DIRECTLY THROUGH THE CENTER OF MY LOT.NOW THROUGH MY RESEARCH I FOUND THIS EASEMENT ON FILE.IT READS EXACTLY LIKE THIS.PS THIS IS ON RECORD FOR THERE LOT....

THE SELLER HEREBY RESERVES A 20 FT RIGHT OF WAY ALONG THE BOUNDRY LINES OF SAID PROPERTY,WITH RIGHT OF ENTRY UPON,OVER,UNDER,ALONG,ACROSS,THE SAID RIGHT OF WAY FOR THE PURPOSE OF ERECTING,CONSTRUCTING,OPERATING,REPAIRING AND MAINTANING POLE LINESWITH CROSS ARMS FOR THE TRANSMISION OF ELECTRICAL ENERGY AND FOR TELEPHONE LINES AND OR FOR LAYING, REPAIRING,OPERATING AND RENEWING ANY PIPE LINE OR LINES FOR WATER,GAS OR SEWER AND CONDUITS, WIRES AND RESERVING THE SELLER THE SOLE RIGHT TO CONVEY THE RIGHTS HEREBY RESERVED..

THE WAY I READ THIS IT IS A UTILTY EASEMENT NOT AND INGRESS OR EGRESS EASEMENT..IM INSTALING A GATE BACK AND INSTALLING ONE AT FRONT OF PROPERTY.WHAT DO YOU THINK..

It sounds like a utility easement.

 

[ASTRORND]

so do you think i have a right to close it back off.they used to come in on the main 50 feet easment road.but now there using my yard as there driveway permenently.

 

[quincy]

so do you think i have a right to close it back off.they used to come in on the main 50 feet easment road.but now there using my yard as there driveway permenently.

The neighbor’s property is not landlocked? There is already an access road?

You cannot block access to the utility (or whoever/whatever has been granted easement rights).

Have you spoken to the neighbor?

 

[FarmerJ]

Quincy asked >The neighbor’s property is not landlocked? There is already an access road? < I would like to know if you know in what year they began to cross your land to access the land they own and also Id like to know if the land they bought has ANY kind of public township road, county road or state highway roads that it borders and if so have you looked into what it would take for them to connect to it ( reasons local govt would not grant permit to allow a new driveway connection to the public road )

 

[quincy]

Astrornd, you said you are “buying” the property. How far into the purchase of this property are you? Are you purchasing it through a realtor?