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So at the time they had put a bogus claim for a trespass to an easement

Were essentially easements

So they had filed a trespass to easements and damages for that trespass

I have an easement on that exit.

The newspaper guy sued him because he had an easement,

so he could use his easement or make a deal with him,

Make sure that all the stakes are in the right place and everything else in case you have easements,

And then they take an easement back for half the road back off each piece of property on each side

They may have an easement there.

They may have a drainage easement.

You may have a pipeline or a power easement.

And if you don't have a survey that shows that and who owns that easement,

and then get a copy of that contract of that easement, because that could be dollars in your pocket.

But I've got a case going, it's an easement case, and it went into court and we lost,

will address such issues as easement, land taxes and what happens when somebody dams

about a bit of a property rights easement problem we're having here.

Now, what had happened was that there was a problem with a road easement

as to the agreements on this easement,

and easements and things of that nature.

the judge really did not ask any probing questions, never asked about the easement problems.

is required to allow an easement of passage for their vehicles.

off the property there and he went to court and filed for a prescriptive easement. When we got

into court, the judge said, no, you're not getting a prescriptive easement. And that's what they

asked for. It was a prescriptive easement. He said, no, you're not getting it. Well, then all of a

sudden out of the blue, the judge decided, well, I'm not going to give him the prescriptive easement,

but I'm going to give him a nonreciprocal negative easement. So he still has an easement.

attorney that I got to do it the second time went in and argued a prescriptive easement instead of

what we went to court for to challenge it with the nonreciprocal negative easement.

easements. Because if one is, is a less invasive easement than the other, the judge may be able

They ask for an easement. He may be authorized to give them the easement. They ask for

He filed a suit against me for a prescriptive easement.

And we went into court and they argued and pleaded for a prescriptive easement.

The judge ruled against the prescriptive easement.

But after the trial was completed, the judge granted a reciprocal negative easement.

So an easement to access the meter is one thing

to enforce state traffic code on state easements

was a state easement.

to grant easements to the state for the state road systems

in enforcing state law on the state easements, that's fine.

where the roads are public roads and there's a public sidewalk system along the easement

Mexico and states in general are granted easements by the federal government to

And I think my hope cause of action would be that burdening of utility easement that I've heard it referenced as.

Yeah, but does burdening of utility easement apply to you or to the utility provider?

Well, that's the first question because burden of utility easement can be taken one of two ways.

Either a utility company has deprived you of a very important use of your property by their creation of an easement for their utility or you prevented them from having a necessary easement in order to provide that public utility.

If he knowingly and openly allowed you to use it, then you don't have adverse possession, but you have an easement.

So search easement law.

One, in order for the easement to apply, it has to be the only way in and out of the property.

And he sued him because his long term use of this lot created an easement.

What they did was it was that gave him a newspaper stand in the building as a settlement, but he had a legal easement.

So there is precedent in easement.

I'm not sure exactly how it applies in Texas, but there is some really strange law on easements.

And this has been a point of common use that that was part of the value of the property that you had this easement.

You probably have an argument under easement.

So in other words, I'm just saying what they do is they can put in, they'll get an easement and they can sell their easement to someone else.

to the property and they've got these easements around and work easements and it looked like

they were outside the work easement to where they were and I'm just kind of, it's like

what you probably answered the question, but when they get this easement, then they can

go ahead and sell the easement like if someone else wants to put a pipeline in, they can

sell an easement to someone else in order to put another pipeline, and this is just kind

If you acquiesce to them having this easement to do these things, then you could wind up

I have an easement question.

Before you go to the easement question, let me give some information here because I know

Easement.

Easement.

a specific right, the university by consistently allowing this created an easement.

We have a question about an easement issue

As to allowing them to use that hydrant and use your property, you understand you're creating an easement.

So creating an easement, whether it's written or not, and not written is the problem. You should also have, you know, you should have that in contract so that you don't get into a problem with adverse possession or creating an easement which they can then express the easement later.

If you contract with somebody because you want something built on your property or you want to give someone an easement on your property

I owned the water and sewer easements that it was sitting on.

Well, when I told you on the Warren Surrey easements that went under that race track, the state of Texas gave me a CCN,

certificate necessity or whatever it is with watering surrey easements.

He didn't re-survey it, it's called an update. And all he goes out there and checks you out, the fence has not moved to gates in their easements.

erected on the property and all easements, opportunities and fixtures,

and the public easement without having to license ourselves in our private property?

and then it has the stipulation that they have covenants, easements, this and that,

It constitutes an easement.

And they granted him an easement.

But because he had been using that property continuously for over five years, it curated an easement.

And it had been publicly known that he used that property for his easement.

They were saying he had an easement.

to do is see what MCI does. If they were to do an easement, then under Texas law, anybody

gets to use an easement, so Quest wouldn't have to move.

is no easement on these properties. There is one problem here, and that's adverse

TVLB to, such as that land board, to approve an easement, but we don't have a contract

But not if they got all those easements and right-of-ways on it.

the title company says there is no easement on our property. So can they fight? Can we

have the title company also fight for the fact that they violated by putting an easement

The easement is the state easement upon which their property should be, but it's not.

bull because I was giving him an easement through here to deliver their mail.

Okay, if you've given an easement, you can't necessarily withdraw the easement.

Yeah, no, we want you to grant an easement, but you can't select to whom the easement

probably all of the school board is a, the school district is going to want is an easement.

maybe with an easement on the actual, where the water area is itself, the creek. Yeah,

because that's all they're going to care about is easement. Okay, so mainly just go ahead and

He forced them to give him an easement.

Together with all improvements now are here under record on the property and all easements,

That's a public easement for getting in and out of your car, putting stuff into your car. It's on a public street.

That gives you an easement.

He sued claiming that he had an easement because he had used that for 20 years and he won.

But in effect, he won the case that yes, he did have an easement.

So you may have a sound easement.

The sound easement should be grandfathered as well.

this case, and Randy was talking about something about an easement, and I think that that whole

Well you should have thought of that before you moved in, just to have an easement.

And the gun range will have an easement, the sound issue should be grandfathered along

and dug up her easement and a bunch of trees that sit next to the road.

You haven't – have you sued for forced partitioning of any of the property around it to get an easement?

Okay. State can't landlock property. You can sue the state for an easement.

Okay. You've got an easement.

He sued claiming he had an easement. And he won.

If this property has been landlocked and you have been driving across public lands to get to this property, you have an easement.

They have to grant an easement.

So have your lawyers tried to secure an easement?

Okay, for the person who owns the property and is not leasing it, they'll have an easement.

It's a public roadway. I don't see how you could not get an easement.

I've gone to the state and I said, look, I need an easement.

If it belongs to the state, the feds have no power to order the state to give you an easement.

So this woman should sue the state for an easement.

about a wall that was falling down is that on your property uh yes it's in an easement that

okay easement it's my yes what what's the nature of the easement well they were supposed to have

15 feet between the homes and um i've got about two feet between my home and they broke the easement

you don't have enough i think you may be using the term easement incorrectly okay that's what

i'm talking about as a title poem yeah easement means that someone else has the right to use your

no way to get to it there has to be an easement a roadway is always an easement generally both

easement so people can travel but building structures on a property that has an easement

tends to go against the purpose of the easement yes so if they've built a permanent structure

and in an easement that needs to be got out of there because that's there an adverse possession

if they take your easement

But the thing is, if they're putting smart meters as a node, then the city has an easement,

the power company has an easement, and you can't tell them, stay off my property.

egress or certain kinds of what do you call it, easement, I think that's the term.

And, no, you, okay, you probably have an easement, PDD.

Okay. Just easement by, by description.

an easement for that. It's probably in the title restrictions,

that there's an easement for utilities.

without going across someone else's property, you can force an easement.

Okay. This, this is different than adverse possession. This goes to easement

Yeah. The driveway is adverse possession. The utility pole is easement.

He sued him for an easement and he won. They had to, they gave him a stand inside the building

that it created an easement.

Easement laws are different than adverse possession, and especially if it's utilities.

you can force the easement. It's almost certainly going to be in your covenants.

They've got, what is it, 50 feet from the border? Is the federal government's easement?

Yeah, if you have landlocked property, you can force an easement.

I'm sorry. It's a partitioning suit. You can partition the other person's property and force an easement.

railroad for which you have special permits and are able to have special easements through

Then they create, I don't want to say an easement. There's another term for it, but if you build your Facebook page based on what they're actually doing and while they have these standards,

the city has an easement

So these days I try to take over our easement to our property. They've done nothing but make our

life hell since literally the day my dad died over this easement because they wanted our property

this road. They recently, let's really amp things up. They sold this lot with the easement to their

this land use application to build a house about two thirds of the way up our easement and take

over our easement for their use, which says there's absolutely no provision for the easement. It's

of the easement, which is kind of a rare thing. I mean, unless it's a brand new easement or some

need our easement to do what they want to do. And they just ignored that nobody ever responded to it.

a year. And they decided to charge me with trespassing on your own easement. Well, not on my

easement, but on this old road, which is somewhat parallel to the easement was at a little angle,

but recorded road that was there long before the easement was created. And so anyway, the property

when the first judge decided that, you know, irregardless of the easement language and everything,

cattle guards and ripped out a fence along one whole side of the easement just to harass us.

Why did they do that? Oh, yeah. There was a fence that the easement was fenced on both sides that

The guy's also just trying to take over our easement and make life hell, which his parents

he should put all his land deeds and with the easement contract and everything else,

is harass us and mess around with our easement and our access. That's all he's done. And the

Dr. Davis. Yeah, easement interference is a thing. So criminal complaints. Yeah, yeah. So

he stopped me from having access, he built something on my, not, they call it the easement,

or not easement, it's setbacks. Using my survey that I'd done years ago, and he used it without my

Was that tree on the easement?

Was that portion of the easement on your property or their property?

Well, the entire easement is part of our deed that goes along the edge of this piece of property.

Is the easement on your property line or outside your property line?

Well, to make it, I guess, a little clearer to understand is that you can't actually have your own easement on your own land.

There can be an easement that passes on your land.

This easement is across someone else's property,

and the easement grants you access to that easement for whatever purpose the easement was granted.

No, it hasn't blocked the road for 50 years that the easement's been there.

The easement is an authorization to use the property for a specific purpose.

If this is an easement for a roadway,

that property still belongs to the people against whom the easement has been granted.

They can't interfere with the easement in any way.

When they dug a trench across the entire 30 feet of the easement, six feet deep,

that was a pretty big interference with our easement.

Could you have driven around this on this other people's property even if it exceeded the easement?

This is an easement on someone else's property.

They interfere, easement interference is the language, and that's what they do to a large degree.

It's actually spelled out very clearly in the deed that that easement has the book and page number of our property on it and no others.

The easement was granted to you.

They're property, but they granted you an easement because you can't land – it's probably the same in Oregon.

I had someone call me recently about a piece of landlocked property in Texas, and you can force them to give you an easement by filing a petitioning request.

So you can't landlock property, and that's why they have to give you the easement.

But the issue here, I guess the underlying issue is that all of a sudden after 50 years, we have the son now coming along and saying that he's going to use that road on that easement.

The easement's on his property.

There's a road on the easement or on your property?

It's a roadway easement that belongs to our property.

If it's a roadway easement, unless Oregon is dramatically different from every other state, anyone can use a roadway easement.

Then it's not a roadway. It's just on your property. You mentioned earlier, you can't have an easement on your own property.

So that's what they're trying to say now that they have this easement, that they have the full use of it.

So what does it say about that this is an easement for the purpose of a roadway?

Does it say this is an easement for the purpose of a roadway to give access to your property or to give access to someone else's property?

It is on our deed as an easement that is clearly delineated. It is on the other property's deed under the Subject 2 item.

Subject 2, this easement.

You have an easement and a roadway. Are those two different things?

The roadway is on the easement.

Okay. But if the easement is their property, he can use it.

This doesn't make sense. You're saying that because you have an easement across his property that he can't use his property?

He can't use it in any way that interferes with the easement.

How do you have two different parties using an easement without one of them interfering with the other?

Did he say he's going to use the easement, the property, in a way that would interfere with the easement?

If it's a roadway easement, then he can use the easement.

There is a ton of easement law. Anything in AMJR, everything agrees.

What do you have in all of the law that restricts the use of a road access easement?

I'm not hearing many of your words, but I'll tell you one thing. Rachel and I are experts on easement law.

Did you build a roadway on the easement?

And you're saying because you built a roadway on the easement that's on his property that he can't use it?

Who has to get off the easement to let this person pass? How does that work?

we have property and an easement that's been used to abuse and harass us for 10 years,

And the easement language itself is very clear, but it gets twisted and manipulated

over our easement would pretty much solve all these problems.

There actually were three different ones for mischief on our own easement.

Yeah. Yeah. In this case, the little background is that these people have been trying to take over our easement to a land use application.

I'm going on 74 here. And the old road was access to this place. So they don't need our easement.

Wait a minute. Hold on. Hold on. They're encouraging on an easement. What is the nature of the easement?

The easement is on the deed. It's very clear. It's been in place for 50 years.

No, no, no. My property has an easement for the gas company. It has an easement for the city to put in water.

Right. What is the nature of the easement? It was an easement for roadway purposes.

And so this was an easement that was put in place for the benefit of our property, which was my father's to access it.

OK. I need to ask even more. Without the easement, would one of the properties be landlocked?

Then the easement, whoever would be landlocked, has an absolute right to the easement.

You're not the one encroaching on the easement. They are. So what are they doing to the easement? Are they blocking it?

Well, they've blocked it. They've interfered. They want the piece of property. They want the easement to go away.

They interfere with the gate. They've ripped out fences along the easement. They harass us with surveillance cameras.

They've actually destroyed a lot of the easement in this effort to take it over without any kind of declaratory judgment.

There's an easement. Do you have access to the property without this easement?

The easement language is very clear in the deed. There's nothing ambiguous about it.

You're not really answering my question. Did you sue them and make a claim against them for the harm they did you through the easement?

Well, they filed this nuisance complaint because they're trying to interfere with our easement and we're not letting them.

None. Well, this trespassing, which has nothing to do with the easement, has to do with another parallel older road that's on the record as a road.

And I see it just make clear that easement. Your claims and issues are not clearly defined,

There's apparently two easements. One is an old world bid, so that's a state easement.

The other one is a property easement. And some things are going on, but I have no idea what it is.

for them to just leave my main road alone, kind of thing, which is a deed of easement, by the way,

to easement and restrictions, if any, but then it just shows my property address, but

them an easement for 100 years or in perpetuity, when I buy that property, what can I do about

while to get back to us and she sent us a deed of easement and the parking policies.

Nothing in the deed of easement mentioned anything about that property being used for

And this thing in Chicago about easement, I grew up in Chicago. If you have an empty

put one up there, then the presumption was that we had an easement, we could park on

are no, no trespassing signs, I can, and it's open to, uh, access. Then I have easement.

One of the primary easement cases was in Chicago. This guy sold newspapers and he walked across

lot and he sued them and they had to provide him easement so he could go across that. They

had to design the building so he could walk through it because he had an easement. It

stand inside the building. That was easement. So if you got a lot there and you haven't

marked it or roped it off, then I have easement. I can cross it. Randy Kelton, Brett Fountain,

No, the only thing that gives them is an easement. They could come on your property and drill a well on your property and take up part of your property for that well and there's not anything you can do about it.

But they can't do anything else. I mean, the rest of your property is yours, not theirs. And that easement doesn't give them any claim over the rest of your property.

I'm thinking of that in terms of easement.

because claiming he had an easement.

Even if you have something that is on a easement.

If it's on an easement, then it's still your property.

They can't take it while they have authority to use the easement and traverse the easement.

They can't take any property from the easement.