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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.

Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.

(1) The holders of an interest in any easement shall maintain the easement in repair.

A landlocked landowner has a right to an easement to cross the land of another to reach a public right-of-way. This type of easement available to a landlocked owner is called an easement by necessity and is outlined in Oregon Revised Statutes, specifically ORS 376.

An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not recorded, this will not affect the enforceability of the agreement among the parties thereto and any other person with actual notice of the agreement (105.175).

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Creation of an Easement. THIS MEMORANDUM OF LAND DONATION AGREEMENT dated Mlb:i.These Terms of Use constitute a legally binding agreement between you and the PLF regarding your use and access to the Site. Return original or certified recorded document to: THIS EASEMENT is given this day of. Remove all yellow highlighting from the document at completion of form. Agreement), City will not acquire the easements. Dependable, accurate legal forms for Oregon and Washington since 1920. Planning Agreement Affidavit (78 KB).

Oregon Access Easement Form

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How do easements work in Oregon?

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