An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Oregon Sample Letter for Suggested Change in Legal Form Granting Easement
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This form is a sample letter in Word format covering the subject matter of the title of the form.
How to fill out Sample Letter For Suggested Change In Legal Form Granting Easement?
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FAQ
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity.
Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.
Oregon's Requirements for Adverse Possession A trespasser's possession must, in Oregon, be: actual (exercising control over the property) open and notorious (using the property as the real owner would, without hiding one's occupancy) exclusive (use consistent with ownership, but not physical exclusion of all others)
The holders of an interest in any easement shall maintain the easement in repair.
An easement allows the holder of the easement to use the real property of another for a specific purpose. Title to the underlying land is retained by the owner of real property. In practice, this means that the owner of real property retains all ownership rights except for those specifically covered by the easement.
To obtain a prescriptive easement, a plaintiff must show use of the land as though it were an easement for ten years in an open and notorious manner that is continuous and adverse to the rights of the servient owner. Nice v. Priday, 149 Or. App.
