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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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We have been using a driveway for 10 1/2 years for our home.

Resolved Question:

We have been using a driveway for 10 1/2 years for our home. Now that we want to sell the property we have found out that it is a legal easement for the home behind us and not us. The owner of the home behind us states that he will not allow the new owners to use the easement. Do we have any rights? What does Oregon law say about this?
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

What does your title insurance policy say ?


Do they insure the easement ?

Customer: replied 7 years ago.

According to the title company, the easement is not ours. Unfortunately, no one informed us of that when we bought the home. I was wondering if we qualify for a prescriptive easement since we have been using the driveway for so long and if this will also apply to our buyers.

Expert:  Andrea, Esq. replied 7 years ago.

Oregon law provides that easements by prescription can be created if an individual uses that area under color of title (believes that they have a legal right to use it) for a period of at least 10 years of uninterrupted use. Since you have used it for over 10 years, you acquired an easement by prescription and the neighbor cannot prevent you or any purchaser of your property from using it.




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