What is the name of your state? Oregon
Hi, I have searched the posts but have yet to find anything specific to our situation, please refer me to the appropriate postings if the following has already been addressed, Thanks.
A large tree belonging to our neighbor fell next to and partially impedes (have to drive past it carefully) our driveway, which is partially on an access easement given by the neighbor with the tree. Also, in the same storm, a second neighbors hillside slid, bringing tons of dirt and another tree down to rest against the first neighbors tree, which is now acting as a retaining wall for the slide.
We have contacted the neighbor with the tree and as he is an absentee owner has yet to be by to look at the situation and so has yet to indicate if he feels at all responsible. And, from prior dealings with the second neighbor, we already know their feelings about any responsibility for the slide.
So, the question is: in a situation where a property owner, us, has an access easement over another's property and that property owners fallen tree impedes the use of that easement, who is responsible to pay for the clean up? Along with that, if an adjoining property owners land slides into that easement, thus causing an expensive cleanup, are they responsible to pay for the cleanup?
I hope I explained/questioned this clearly... and Thanks greatly for any advise anyone might have... I imagine this may need a lawyers input.What is the name of your state?
Hi, I have searched the posts but have yet to find anything specific to our situation, please refer me to the appropriate postings if the following has already been addressed, Thanks.
A large tree belonging to our neighbor fell next to and partially impedes (have to drive past it carefully) our driveway, which is partially on an access easement given by the neighbor with the tree. Also, in the same storm, a second neighbors hillside slid, bringing tons of dirt and another tree down to rest against the first neighbors tree, which is now acting as a retaining wall for the slide.
We have contacted the neighbor with the tree and as he is an absentee owner has yet to be by to look at the situation and so has yet to indicate if he feels at all responsible. And, from prior dealings with the second neighbor, we already know their feelings about any responsibility for the slide.
So, the question is: in a situation where a property owner, us, has an access easement over another's property and that property owners fallen tree impedes the use of that easement, who is responsible to pay for the clean up? Along with that, if an adjoining property owners land slides into that easement, thus causing an expensive cleanup, are they responsible to pay for the cleanup?
I hope I explained/questioned this clearly... and Thanks greatly for any advise anyone might have... I imagine this may need a lawyers input.What is the name of your state?