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My neighbor has a easement along a state hwy to my enterance…

Customer Question
My neighbor has a...

My neighbor has a easement along a state hwy to my enterance from state hyw and for 16 years, between state hwy and easement has a fence that narrows easement by 1/2 foot. They are saying that fence can't be their, and they have right to cross area to state actess, pretty much cut corner off of fence line. Is their a law on books about fencing along property of easement? Basicly they drive down fence line and turn left to hwy approach, and they wan't to pull out 16 feet of fence.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

My attoney that I had for another part, wrote them a letter about it being averse possession and if they remove it, it would be a treaspass.

Lawyer's Assistant: Where is the property located?

Dallas, Oregon Hwy 99W

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There is also mail box and post with in easement area on inside of fence too and it narrows easement too about 3 feet, been their since 1998, and fence was installed 2004

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 19 minutes by:
5/11/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,405
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thanks for your patience. So, generally, if a person has an easement, then the other property owner cannot interfere with the easement. The practical part of this is that if a neighbor decided to take this to court, they would have to prove with clear and convincing evidence that the 1/2 foot significantly interferes with their right to the easement. Although I haven't seen the land, it is highly unlikely that 1/2 foot is going to interfere with someone's easement. The law regarding easements is intended to keep you from doing things like blocking the easement from use, flooding it, or otherwise keeping them from substantially enjoying it. But a small interference like that is highly unlikely to result in damages for them.

Because I value your input, I would like to know what other questions did you have for me today that I can help you out with:-)?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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