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David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 953
Experience:  JD with Distinction, Admitted to practice in California
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Hi, I have an access easement on my property because at

Resolved Question:


I have an access easement on my property because at one point the neighbors were not allowed to have a drive way to access their property. Since 2010 the county allowed them to put in a drive way, can I have the easement amended now that the reason for it is no longer valid?

I live in Mulnotmah County - Oregon
Submitted: 5 years ago.
Category: Legal
Expert:  David C. Garner replied 5 years ago.

David C. Garner :

Hello, are you there?

David C. Garner :


Expert:  David C. Garner replied 5 years ago.



The short answer is probably yes. If a parcel is otherwise landlocked, then an easment by necessity is created, usually from the property from which it was divided. If that parcel gains access and the easement is no longer necessary, it (the easement) is generally extinguished.



Customer: replied 5 years ago.
Is this something the city/county can do or do i need to get legal support? My neighbor seems to think they can use it for parking on my property.
Expert:  David C. Garner replied 5 years ago.



First of all, if the original use of the easement was for access, any use of it that exceed that is a trespass.


Frankly there are two approaches. You could hire a local attorney to make the necessary filings to terminate the easement, or you could simply render the easement unusable (fence it off, dig a trench, etc) and let the other party complain to the court. The reality is the cleanest is your own filing and it should not cost that much. Getting these people off your back would probably make it well worth it.



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