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Easement Maintenance

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QuietWhat

New member
Oregon

Can a servient tenement sue (in small claims) a neighbor that is renting an abutting property that has (dominant tenement) easement rights across a/our property or must one sue the out of state owner of said property?

The out of state owner of the property WILL NOT, and the tenant (our neighbor) WILL NOT maintain their/the easement thru our property. The recorded easement document states that the dominant tenement will perform ALL maintenance!

Where and against who can we bring/file a complaint? Options?



thanks
 


LdiJ

Senior Member
Oregon

Can a servient tenement sue (in small claims) a neighbor that is renting an abutting property that has (dominant tenement) easement rights across a/our property or must one sue the out of state owner of said property?

The out of state owner of the property WILL NOT, and the tenant (our neighbor) WILL NOT maintain their/the easement thru our property. The recorded easement document states that the dominant tenement will perform ALL maintenance!

Where and against who can we bring/file a complaint? Options?



thanks
Why does it matter whether or not the easement is maintained?
 

quincy

Senior Member
Oregon

Can a servient tenement sue (in small claims) a neighbor that is renting an abutting property that has (dominant tenement) easement rights across a/our property or must one sue the out of state owner of said property?

The out of state owner of the property WILL NOT, and the tenant (our neighbor) WILL NOT maintain their/the easement thru our property. The recorded easement document states that the dominant tenement will perform ALL maintenance!

Where and against who can we bring/file a complaint? Options?



thanks
How is the easement not being maintained?

The property owner is ultimately responsible for what happens on his property even if the one renting the property has a contract with the owner that requires the tenant maintain the property.
 

QuietWhat

New member
How is the easement not being maintained?

The property owner is ultimately responsible for what happens on his property even if the one renting the property has a contract with the owner that requires the tenant maintain the property.
Pot holes I fill. Gravel, I buy and spread. Drainage pipes under roadway I clear/maintain.

Options for enforcement?

regards
 

quincy

Senior Member
Pot holes I fill. Gravel, I buy and spread. Drainage pipes under roadway I clear/maintain.

Options for enforcement?

regards
Do you use the easement?

If there is an agreement that the dominant tenant maintain the easement and he doesn't, and you as servient tenant take on the maintenance, you could bill the dominant tenant for your costs.
 
Last edited:

FarmerJ

Senior Member
I get it about keeping a drainage pipe that is in that easement open to reduce your risk of so called flood damage but as to any thing more If they are the only users of it then I suggest they will get the hint if you cease to do anything else.
 
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