Oregon Easement for Well and Waterlines
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FAQ
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B".
(1) The holders of an interest in any easement shall maintain the easement in repair.
A water easement, specifically, may grant a person access to water sources, water lines, and/or drainage that is on property owned by another person.
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.
An easement would give you, and any subsequent buyers, the right to have your well on the neighbor's property and to access the property in order to maintain the well. An easement can be created without the need to involve surveyors and the county.
The right to walk is the easement and lawful use cannot be trespassing. If the easement sets out a right to walk, then the owner of the land is bound to abide by that and allow use.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the
