Is an unrecorded easement enforceable?

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

US Legal Forms
Oregon Declaration of Easement

Declaration Of Easement

Name: Oregon Declaration of Easement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (476 reviews)

Category:

Oregon Court Samples - Real Estate - Easements and Rights of Way

State:

Oregon

Control #:

OR-HJ-618

Format:

Instant download

This form is available by subscription

Description

Declaration of Easement

View Wage Deduction Packet

View this form

View Wage Deduction Order

View this form

View answer Of Guardian ad Litem (In Probate)

View this form

View Estate Claim

View this form

View Petition For appointment as Guardian Of Minor

View this form

View Oath and Bond Of Guardian Or Executor

View this form

How to fill out Oregon Declaration Of Easement?

Creating documents isn't the most easy job, especially for people who rarely work with legal papers. That's why we advise making use of accurate Oregon Declaration of Easement templates created by professional lawyers. It allows you to eliminate troubles when in court or handling formal institutions. Find the templates you require on our website for top-quality forms and exact explanations.

If you’re a user with a US Legal Forms subscription, simply log in your account. When you’re in, the Download button will automatically appear on the template web page. Soon after getting the sample, it will be saved in the My Forms menu.

Users with no an active subscription can easily create an account. Use this short step-by-step guide to get your Oregon Declaration of Easement:

Ensure that file you found is eligible for use in the state it is necessary in.
Verify the file. Utilize the Preview option or read its description (if readily available).
Click Buy Now if this file is what you need or use the Search field to find another one.
Choose a suitable subscription and create your account.
Make use of your PayPal or credit card to pay for the service.
Download your file in a required format.

After finishing these simple actions, it is possible to complete the sample in your favorite editor. Check the completed data and consider asking a lawyer to review your Oregon Declaration of Easement for correctness. With US Legal Forms, everything becomes much simpler. Try it out now!

Form Rating

4.85

Satisfied(476)

Form popularity

FAQ

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else's land for a particular purpose. Easements are often recorded at the county clerk's office and encumber your property's title.Here, however, you probably do not need to take the step of granting an easement.

Ask him to grant you a formal easement by deed. Your neighbor the servient, or burdened landowner can give the easement of his own accord, but he is not obligated to do this. The chances are, you will have to negotiate a price; an easement is, after all, an interest in land, which has a value attached to it.

A property easement is generally written and recorded with the local assessor's office.

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

In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.

There must be both a dominant and servient tenement, The easement must accommodate the dominant tenement, The dominant and servient tenements must be owned by different persons, and. The right claimed must be capable of forming the subject matter of a grant.

Easements are usually created by a transfer in a deed or some other written document such as a will or contract. Creating an easement requires the same formalities as the transferring or creating of other interests in land.

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Declaration Of Easement

Description

Related forms

How to fill out Oregon Declaration Of Easement?

Show more info

Form Rating

Form popularity

FAQ

Do easements have to be recorded?

How do I get an easement from my neighbor?

Where are easements documented?

Who maintains an easement in Oregon?

How are easements created by prescription?

What are the requirements of a legal easement?

Where does an easement start?

Is an unrecorded easement enforceable?

Does easement have to be recorded?

Trusted and secure by over 3 million people of the world’s leading companies