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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.
Planning a Project in the Floodplain? Remember to get a Floodplain Development Permit before you begin your project. A Floodplain Development Permit is required for all development in the floodplain ? even if the work does not require a regular building permit or land use approval.
Under this doctrine, adjoining landowners are entitled to have the normal course of natural drainage maintained. The lower owner must accept water which naturally comes to his land from above, but he is entitled not to have the normal drainage changed or substantially increased.
(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.
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.
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.