What is the name of your state? Oregon
I'm new here, please forgive errors?
I own about 1 acre of rural land which has an irrigation ditch through the middle of it.
An easement was recorded in favor of the irrigation district for the use and maintenance of this ditch about 30 years ago.
The legal description on the easement is simply 30' of width in the "existing" location of the ditch.
Over the years, apparently about 20 years ago, the irrigation district built a new maintenance road along the side of the ditch, and it includes an embankment for lateral support of this road. They hauled in many hundreds of yards of dirt for this, obviously.
Their footprint and usage has therefore grown to a width of about 50'
The prior owner did not give permission for this widening; it was just done.
Here in Oregon 10 years is required to establish prescriptive easement by adverse possession. The statute of limitations for suing for trespass is 10 years.
We are building on the land now. Space is tight with that ditch there, and we need the space.
My question: When there is an existing easement with a specified width, can the holder of that easement gain prescriptive easement to additional land to widen the easement by adverse possession?
My question: The irrigation district is a "private condemner" with the right of eminent domain by being a "quasi public" entity. Is this inverse condemnation?
Is there any other right I might have to require them to pull back to 30 feet?
I am prepared to sue if I have something actionable, and I understand the cost and grief of that. I need the space.
In Oregon, Inverse condemnation is one of the few torts where the law specifically grants me attorneys' fees and costs should I prevail on the claim.
Thank you, James
I'm new here, please forgive errors?
I own about 1 acre of rural land which has an irrigation ditch through the middle of it.
An easement was recorded in favor of the irrigation district for the use and maintenance of this ditch about 30 years ago.
The legal description on the easement is simply 30' of width in the "existing" location of the ditch.
Over the years, apparently about 20 years ago, the irrigation district built a new maintenance road along the side of the ditch, and it includes an embankment for lateral support of this road. They hauled in many hundreds of yards of dirt for this, obviously.
Their footprint and usage has therefore grown to a width of about 50'
The prior owner did not give permission for this widening; it was just done.
Here in Oregon 10 years is required to establish prescriptive easement by adverse possession. The statute of limitations for suing for trespass is 10 years.
We are building on the land now. Space is tight with that ditch there, and we need the space.
My question: When there is an existing easement with a specified width, can the holder of that easement gain prescriptive easement to additional land to widen the easement by adverse possession?
My question: The irrigation district is a "private condemner" with the right of eminent domain by being a "quasi public" entity. Is this inverse condemnation?
Is there any other right I might have to require them to pull back to 30 feet?
I am prepared to sue if I have something actionable, and I understand the cost and grief of that. I need the space.
In Oregon, Inverse condemnation is one of the few torts where the law specifically grants me attorneys' fees and costs should I prevail on the claim.
Thank you, James