In Oregon, the Release of Right of Way/Easement to Surface Owner is a legal document that relinquishes the rights of a right of way or easement to the surface owner. This release allows the surface owner to regain full control and ownership of the property previously encumbered by the right of way or easement. A right of way or easement is a legal right given to a third party, usually a utility company or a neighboring property owner, which grants them the right to use a portion of another person's property for specific purposes. This could include installing and maintaining utility lines, accessing a neighboring property, or crossing someone's land for transportation purposes. The Release of Right of Way/Easement to Surface Owner is typically used when the need for the right of way or easement no longer exists or when the surface owner wants to remove the encumbrance from their property. By obtaining this release, the surface owner eliminates any obligations or restrictions previously imposed by the right of way or easement. In Oregon, there are different types of Release of Right of Way/Easement to Surface Owner, including: 1. Voluntary Release: This type of release occurs when the party benefiting from the right of way or easement willingly agrees to terminate their rights and return control of the property to the surface owner. It is usually executed through a written agreement and requires the consent of all parties involved. 2. Release by Prescription: In some cases, if the right of way or easement has been continuously and openly abandoned by the other party for a specific period, the surface owner may be able to obtain a release by prescription. This type of release requires evidence of non-use or abandonment, typically demonstrated through a legal process. 3. Release by Agreement: This form of release is executed through a mutual agreement between the parties involved. It may occur when the purpose of the right of way or easement has been fulfilled, or when both parties agree to terminate the arrangement for various reasons. 4. Release by Court Order: In certain situations, a surface owner can seek a court order to release the right of way or easement. This may occur when there is a dispute or disagreement between the parties involved, and a judge determines that the right of way or easement should be revoked. The Release of Right of Way/Easement to Surface Owner is an essential legal document in Oregon as it allows a surface owner to regain complete control and use of their property. It is crucial to consult with a qualified attorney or legal professional to ensure all necessary procedures are followed according to Oregon state laws and to draft a release document appropriate for the specific circumstances.