Oregon Amendment to Easement (Pipeline Easement - Short Form)
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FAQ
Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.
(1) The holders of an interest in any easement shall maintain the easement in repair.
Ingress/egress rights are generally obtained via an easement, which is the right to use someone else's property for a specific purpose. For example, ingress and egress easements may govern the use of a shared driveway or the use of a private road to reach one's property.
One of the most common easements is an easement for ingress and egress, which allows an easement holder to go across another property owner's property, usually to access their own property.
So long as the gate does not unreasonably interfere with the neighbors use of the easement, you're justified in having it. Again, it would be up to the neighbor to prove that the gate is unreasonable.