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Does timber company with no easement have right to commercially haul on private road without permission?

Medford, OR |

We are one of 15 residences on a private road, with a recorded road maintenance agreement. We own the first parcels up to the county road, so all easements go through our land. A timber company with no easement and not part of the RMA apparently constructed a road many years ago off of another resident's driveway (resident has a valid easement for ingress/egress) to gain entry to the four large parcels of land they own in the mountains above us. In the early 1990s the previous owner of our property gave this company verbal permission to temporarily use the road for a 1-year logging project. They haven't used it since. They now intend to haul 1000+ truckloads down the road over a two- year period. Do we have to allow them to commercially haul on our road as they are demanding?

Attorney Answers 2


Ni, you do not have to give them permission to use your private road.

You should seek the advice of a local real estate attorney to seek an injunction.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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1 lawyer agrees


Based on the limited amount of information, i would say no. Verbal permission gives the company a "license" as a matter of law and that does not give the company an easement. Additionally, there are many other issues that arise under the fact pattern you raise. My firm has handled many cases related to the issues you address. I agree that you may have to go to court if you cannot reach a solution.

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