Washougal, WA asked in Land Use & Zoning for Oregon

Q: Does an easement trump a restraining order?

I am in Curry County, Oregon.

Related Topics:
1 Lawyer Answer
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: In Oregon, as in other jurisdictions, an easement and a restraining order serve two very different legal purposes, and one does not inherently "trump" the other. An easement is a right to cross or otherwise use someone else's land for a specified purpose. A restraining order, on the other hand, is a court order designed to protect someone from being harmed or harassed. If a person has a restraining order against another individual, and that individual needs to use an easement that crosses the protected person's property, this creates a complex legal situation. The specifics of the easement, the restraining order, and the reasons behind both would need to be carefully reviewed by a court. In some cases, the court may need to modify the conditions of the restraining order or the use of the easement to balance the rights and protections involved. For example, the court might specify certain conditions under which the easement can be used without violating the restraining order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.