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Is a frontier land owner can fence or construct house without leaving a way for communication for another land owner?

Gearhart, OR |

We have been living in our own land constructing a house for 10 years.But a frontier land owner going to fence or construct a house without leaving a way for our communication. In this area there is no other alternative road for communication. Is there any provision in law to check the land owner to do the same?

Attorney Answers 5


  1. It is very likely you will need to contact a lawyer. It sounds to me like you have a problem with easements. In oregon, there is a provision for easements for landlocked parcels, but they are generally disfavored. You may also have an easement, or right to use, based upon an adverse posession theory. It appears that english is not your first language, so it would be very adviseable for you to contact an attorney.


  2. I'm sorry to hear of your situation. Based on the information provided, I believe it would be inappropriate for a neighboring landowner restrict access to your land, especially if it is the only access point.

    Our office is just up the road in Astoria and we would be happy to take a look at this matter for you. Give us a call (503) 325-1055.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature. In accordance with IRS regulations, I must inform you that any US tax advice contained in this message was not intended or written to be used, and cannot be used, for the purpose of avoiding penalties that may be imposed under federal tax law. By regulation, a taxpayer cannot rely on professional advice to avoid federal tax penalties unless that advice is reflected in a comprehensive tax opinion that conforms to strict requirements.


  3. The question is whether you have any easement rights or not. You should check the title to your property to determine if you have an easement agreement. If you do not have a written agreement there may be the basis for a prescriptive easement, and to get that will require you to hire an attorney.


  4. I assume your question is about easements. Are you from another country? It is hard to understand, but if it is about access, I agree you need to consult a lawyer?

    This response is not to be construed as establishing an attorney-client relationship, and provides general information on the subject at hand only.

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