Oregon Grant of Easement for Light and Air

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US-01170BG
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Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

The Oregon Grant of Easement for Light and Air is a legal document that grants an individual or entity the right to access and enjoy natural light and air on a particular property. This easement ensures that neighboring buildings or structures do not obstruct the flow of light and air, allowing for a more pleasant and well-ventilated environment. A Grant of Easement for Light and Air in Oregon can be categorized into two main types: unrestricted easements and limited easements. 1. Unrestricted Easements: An unrestricted easement grants the holder the unrestricted right to light and air without any specific limitations. This type of easement ensures that the maximum amount of light and air can be enjoyed on a property, often particularly important in residential or commercial buildings located in crowded areas. It essentially prohibits neighboring property owners from blocking or obstructing any natural light or air access to the property. 2. Limited Easements: On the other hand, a limited easement places specific restrictions on the rights granted. These restrictions may include specific hours during which the easement holder can enjoy light and air, limitations regarding certain structures that may obstruct the flow of light and air, or any other defined conditions that both parties have agreed upon. Limited easements may arise when the parties involved agree to compromise or negotiate certain restrictions to accommodate their respective needs or concerns. Both types of Oregon Grant of Easement for Light and Air serve the purpose of protecting the rights and well-being of property owners by ensuring the uninterrupted access to natural light and air. It is crucial to document any easement agreements in writing to provide legal protection to all parties involved and avoid potential disputes in the future. When entering into agreements regarding a Grant of Easement for Light and Air in Oregon, it is advisable to consult with legal professionals who specialize in real estate and property law. They can provide guidance, draft the necessary legal documents, and ensure that the rights of all parties are adequately protected. In conclusion, an Oregon Grant of Easement for Light and Air is a legal document that grants the right to access and enjoy natural light and air on a specific property. Different types of easements exist, including unrestricted easements that provide unlimited access to light and air, and limited easements that have specific restrictions defined by agreement. Seeking legal advice is crucial when dealing with easement agreements to ensure clarity, protection, and a smooth resolution of any potential disputes.

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FAQ

The dominant tenement property is the property that benefits from the easement while the servient tenement property is burdened by the easement. The word appurtenant refers to something that is a legal attachment.

An easement appurtenant affects two parcels of land owned by different parties, where the parcel of land that: Benefits from the easement is called the dominant estate. Is burdened by the easement is called the servient estate.

An easement appurtenant "runs with the land." This means that: The easement becomes a part of the land itself (the dominant estate). If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.

One of the most common easements is an easement for ingress and egress, which allows an easement holder to go across another property owner's property, usually to access their own property.

Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.

An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.

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

An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.

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May 1, 2023 — Express Grant: A grant of an easement should be drawn and executed with the same formalities as a deed to real estate. An easement is created if ... Division 122. RULES FOR GRANTING EASEMENTS ON TRUST LANDS ... (1) These rules: (a) Govern the granting of easements on state-owned Trust land as specified herein.The Grantor does hereby grant, in consideration for the right to develop the subject property for residential use, pursuant to City Planning and Zoning Code ... How to fill out Permanent Easement Tax Treatment? · Use the Preview function and read the form description (if available) to ensure that it is the proper ... Need help? Schroeder Law Offices has experience in easement issues in the states of Oregon, Washington, Idaho or Nevada. Call our office at (503) 281-4100 ... Grant unto Grantee personally, a scenic easement for light, air and view purposes in, over and across the property legally described in Exhibit "A" hereto. Describing Easement: A comprehensive description of the easement should be included in the agreement, covering its location, size, and boundaries. This section ... ) The model does not write into the Grant the Holder's. Amendment policy (if any) as of the Easement Date. (1) No Impairment of Holder's Conservation Ease ... (17) “Easement” is an authorization granted by the Department that gives a person the use of a specifically designated parcel of state-owned land for a specific ... As part of a development permit or land use application, the landowner may be required to grant an easement to the City for public right-of-way purposes.

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Oregon Grant of Easement for Light and Air