It’s a landowner’s nightmare. The ditch you and your family have relied on for generations crosses a neighbor’s property. The property sells, and the new owner puts up a fence, blocking your access for maintenance. They claim there is no easement in the deed, and now your water supply is at risk.
This stressful situation is incredibly common in Oregon. Fortunately, a 19th-century law often provides a powerful solution. Here are the steps to take when you’re facing a ditch access dispute.
Step 1: Don’t Escalate, Investigate
Your immediate instinct might be to confront your neighbor, but the first and most important step is to pause and gather information. The legal right to your ditch access likely doesn’t live in a modern deed; it lives in history.
Your right-of-way was probably established under Revised Statute 2339, a federal law that granted permanent easements for ditches built on what was once public land. Your first move is to hire a professional to investigate and confirm this unwritten right.
Step 2: Build Your Case with Evidence
A water rights professional will conduct the historical research necessary to prove your right-of-way exists. This investigation is the foundation of your claim and typically involves:
- Analyzing historic aerial photos to show when the ditch was constructed.
- Finding the original government patent that transferred the land to private ownership.
- Cross-referencing water right records and survey maps.
This evidence demonstrates that your ditch predates private ownership of your neighbor’s land, making your right to access it legally sound.
Step 3: From Conflict to Clarity: Negotiate a Formal Easement
With solid evidence in hand, the goal is not to win a fight, but to create a permanent, peaceful solution. The best outcome for everyone is a formal, recorded easement agreement.
As a water rights professional, I facilitate this process. We present the historical evidence to the neighboring landowner and negotiate an agreement that clearly defines:
- The exact location of the ditch.
- The width of the right-of-way for maintenance access.
- The rights and responsibilities of both parties.
This turns a contentious “he said, she said” situation into a clear, legally binding document that protects your access forever and is recorded in the county property records for all future owners to see.
End the Dispute for Good
A locked gate doesn’t have to mean the end of your water supply. By using a professional, evidence-based approach, you can resolve the immediate conflict and secure your water access for generations to come.