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Trespassing

Discussion in 'Easements & Right of Way Law' started by boydbuday, Dec 29, 2016.

  1. boydbuday

    boydbuday Law Topic Starter New Member

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    Jurisdiction:
    Oregon
    Is it trespassing if I force entry into our deeded easement before a quiet title suit has declared our perpetual non-exclusive recorded easement "Extinguished"?
    I am being threated by my neighbors attorney.
     
  2. Highwayman

    Highwayman Well-Known Member

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    How are you forcing entry and what does the easement consist of? Why did you have the easement to begin with?
     
  3. army judge

    army judge Super Moderator

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    What does YOUR attorney advise?

    Oh, you don't ave an attorney?

    Without one, you'll end up not only being threatened, you'll end up on the platform as the train pulls away.

    I'm not YOUR attorney, just a poor Texas country lawyer.

    I wouldn't need a JD to know that doing that thing which a lawsuit is attempting to resolve is stupid, and might even be costly.
     
  4. boydbuday

    boydbuday Law Topic Starter New Member

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    He advised "cut the chain and link my lock with other lock(s). Utility companies commonly do that!
     
  5. army judge

    army judge Super Moderator

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    If you have that INSTRUCTION in writing, that'll be your defense, should the other party bring a lawsuit against you.
     
  6. boydbuday

    boydbuday Law Topic Starter New Member

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    Bolt cutter. 300' of driveway 25' wide and 3 metal gates chained w/locks. Ingress/egress
     
  7. boydbuday

    boydbuday Law Topic Starter New Member

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    No one has answered my initial question! Is it trespassing?
     
  8. army judge

    army judge Super Moderator

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    It could be, if you aren't supposed to access that property and the actual owner calls police, police investigate, you could be charged, or warned.

    If in doubt, or if you have to ask if its okay, be smart; just don't do it.

    It might also be a higher level crime, it all depends on the specific fact pattern and allegations that result.
     

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