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Property owners often need to use neighboring land to fully enjoy their own property, such as crossing another parcel to reach a public road, connecting to water or power lines, or accessing shared amenities. These rights are called easements, which are legal permissions to use someone else’s property for a specific purpose.
Unfortunately, unclear contract language, differences of opinion over word-of-mouth agreements, and changes in ownership can lead to disputes between neighboring property owners—disputes that can quickly become costly and time-consuming. Fortunately, help is at hand, as Bristlecone Law can work to resolve these issues efficiently and effectively. Contact our firm to schedule an initial case evaluation with an experienced real estate disputes attorney serving Bend, Redmond, Prineville, Madras, and beyond.
An easement refers to a non-possessory interest in another party’s land that gives an easement holder the right to make limited, specifically defined use of the other party’s land. The property owner holding the easement, sometimes referred to as the “dominant estate,” can access or use the property of another party, sometimes referred to as the “servient estate.” Parties may negotiate easements for various purposes.
Most commonly, property owners may acquire an easement over another’s land to gain access to a public way or common amenity, such as a lake or other body of water. For example, a person who owns property without frontage on a public road may obtain an easement over a neighbor’s land that fronts a public road, allowing the owner of the dominant estate to access their property from a public road or highway. Properties may also have easements for public utilities, such as electrical, water, sewer, or gas lines serving a structure on a property, or stormwater drainage systems installed by a municipality.
However, disputes over easements and property access may arise for various reasons, such as a lack of formal documentation of the easement, disagreements over whether an easement constituted a personal right of a property owner or ran with the owner’s land, or claims that a dominant estate’s use of their easement exceeds the permitted scope.
Common examples of easement and property access disputes include:
Easement and access issues may also arise from claims of an implied easement, a prescriptive easement, or an easement by necessity. An implied easement may arise from the circumstances surrounding a property transaction that indicate the parties’ intent to create one. For example, suppose a property owner divides their parcel and conveys a lot that has no access to a public road. Courts may find an implied easement based on the principle that a party who conveys property intends to include anything necessary to facilitate the enjoyment and use of the property. However, Oregon courts tend to disfavor implied easements.
Oregon law allows a property owner to petition for an easement by necessity to provide:
A party may acquire a prescriptive easement through the open, notorious, and continuous use of another party’s property adverse to that other party’s property rights. Prescriptive easements allow property owners to establish access rights through the open and adverse use of another party’s property for a continuous period of at least 10 years. However, the owner of a servient estate may contest a prescriptive easement by showing they permitted the use of their property.
Has a neighboring property owner interfered with your access to an easement, used their easement in impermissible ways, or claimed undocumented easement rights? If so, you can take the following steps to protect your legal interests:
Property owners may resolve easement and property access issues in various ways, such as:
The complex legal issues that may arise in disagreements about easements or access rights can require experienced counsel to advocate for your interests. A Bend real estate lawyer from the law firm of Bristlecone Law can help you resolve legal disputes over easements or property access by:
Easement and access issues can involve complex laws and set off vigorous litigation that may cost you considerable time and money. Rather than deal with these complexities yourself, get help from a real estate litigation attorney from Bristlecone Law because:
Disagreements over easements or property access can have significant adverse consequences for your rights or the value of your property. That’s why you need experienced legal counsel to help you assert your rights and seek a positive resolution. Contact Bristlecone Law today for a confidential consultation with a knowledgeable real estate lawyer in Bend. We’re proud to also serve Redmond, Pineville, Madras, and beyond, and to do so with dedication and a commitment to results.
If you’re facing a legal matter, or want to prevent one before it starts, reach out. We’ll tell you what’s worth fighting, what’s worth fixing, and how to move ahead with confidence.
