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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a blanketeasement"the right to service - repair and

Customer Question

For Ely only, I have a blanketeasement"the right to service - repair and or maintain my water line over a neighbors property. Is there any way the neighbor can restrict my access or trail usd for this purpose and is there any law preventing them from interfereing
with my access
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
Country relating to Question: United States
State (if USA): Oregon
What have you tried so far?: Had a water rights attorney and neighbor through there attorney kept threatening me but all of the suddn they stopped and I have heard nothing. My attorney says she can't call thier attorney to find out where they stand.
Expert:  Ely replied 1 year ago.

Hello again. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This falls back on my original answer:

The servient estate (the neighbor) cannot stop the dominant estate (i.e. you) from exercising the easement provided that the dominant estate (i.e. you) does not abuse the easement.

Abuse is subjective, but generally means using the easement beyond what it was intended to be used for, and/or, changing/damaging the land beyond the need of the original easement's intent.

Provided that someone in your situation is using the easement for repair and maintenance, and nothing else and/or are not abusing the easement somehow by - say - using it for BBQ cookouts, then they should not be able to stop you.

If they do try to prevent access, they may be sued.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!

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