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Oregon Public Utilities Easement - temporary and permanent

State:
Oregon
Control #:
OR-EAS-1
Format:
Word; 
Rich Text
Instant download

Description Oregon Easement

This easement form, a Public Utilities Easement (temporary and permanent), provides an easement for the original excavation and construction of utility line and upon the completion of the construction thereof shall cease and desist, save and except for that portion hereinbefore described as being a permanent easement.


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.

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Public Easement Other Form Names

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Oregon Public Permanent Form FAQ

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Permanent easement means an easement that lasts in perpetuity.

Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.

If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.

Easements will continue indefinitely unless terminated by one of the following methods: Express Agreement. An easement holder and easement owner may decide by written agreement to terminate the easement.

An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder's use.The owner of the land may continue to use it, according to . Easements are usually held to be permanent unless the agreement states otherwise.

Easements are specified in a property deed, which is typically recorded at the county courthouse. However, deeds may be kept in other locations, such as a county tax assessor's office or county clerk's office.Your local utility company may also maintain records on utility easements.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

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Oregon Public Utilities Easement - temporary and permanent