What is the difference between a right of way and an easement?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

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Oregon Release of Pure Right of Way and Utility Easement...

Oregon Release of Pure Right of Way and Utility Easement, and Future Dedication on Lot in Subdivision

Name: Oregon Release of Pure Right of Way and Utility Easement, and Future Dedication on Lot in Subdivision
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Oregon Court Samples - Real Estate - Easements and Rights of Way - Sample Case 4

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Oregon

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OR-HJ-395-02

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A02 Release of Pure Right of Way and Utility Easement, and Future Dedication on Lot in Subdivision

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What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

An easement, including a right of way, is typically granted by one landowner to another landowner. Generally, easements are granted by will, by deed or by a contract. However, an easement can also be granted by adverse possession, which is known as a prescriptive easement.

Exclusive means that only one party or perhaps a limited number of parties can use that easement. Non-exclusive means that a number of different parties can use the easement. Non-exclusive can also mean that additional parties could be granted the right to use that same easement in the future.

An easement is said to "run with the land", i.e. it cannot be sold separately from the land but must be passed on with the land whenever the land is transferred to a new owner.

The Exclusive Easement Explained Most easements are non-exclusive where the person benefitting cannot exclude others from these benefits. Someone with an exclusive easement may stop others from obtaining the benefits even though this individual is not the owner of the land.

A right or restriction that affects all current and future owners of real property and transfers with title to the property. Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property.

III. Vacating or Reopening a Public Way or Easement. Anytime after the municipality closes the public way or easement, a property owner may commence an action to either vacate (i.e., foreclose) the municipality's right to reopen the closed public way or easement or to have the closed public way or easement reopened.

An easement which passes (or runs) with land so as to benefit successors can only exist where a number of requirements are satisfied: The right must be one which is capable of being an easement (examples include rights of way, rights of light and a right to the passage of water).

Oregon Release of Pure Right of Way and Utility Easement, and Future Dedication on Lot in Subdivision

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