Legal Question in Real Estate Law in Oregon

Easement for county road that was never built.

I purchased a house a year ago that has a county held easment for a future road. the easment was placed on the property in 1956. the area (25 ft X 63 ft)is a huge mess

10 foot tall black berry bush, 9 empty 55 gallon barral's

etc.... my question is am I responsible for cleaning up this area or is the county? and can I build a fence accross the 25 ft portion?

the exact wording of the easement is as follows.....

Except the South 25.00 feet of the North 26.00 feet as conveyed to Clackmas County by Deed recorded October 24, 1956 in Book 518, page 102, Deed Records, for public road.

the road was never built and the County recently offered to sell me the next 25 feet North.

Asked on 6/17/04, 10:00 pm

1 Answer from Attorneys

Robert Horvat Barg Horvat PC

Re: Easement for county road that was never built.

You do not own and cannot fence in the easement area. However, since you do not own it, you are also not responsible for cleaning it up.

If you desire to purchase the easement area from the county, I strongly suggest that you consult an attorney before doing so since you mentioned that there are empty barrels on that area that may or may not contain hazardous materials. You should make the county clean ujp the property BEFORE you buy it.

Please feel free to contact me. I do this sort of work and would be delighted to assist you.

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Answered on 6/18/04, 12:19 pm

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