Oregon Access Control Easement

State:
Multi-State
Control #:
US-OG-900
Format:
Word; 
Rich Text
Instant download

Description

This form is an access control easement.
Oregon Access Control Easement, also known as an Oregon Access Easement, refers to a legal arrangement where the rights and restrictions related to access to a property are determined and documented. This easement is commonly used in Oregon to regulate and manage the use of land. In simple terms, an access control easement in Oregon grants specific individuals or entities the right to access or cross a property that they do not own. This easement ensures that the property owner can control who has access to their land while allowing others to use it for specific purposes. There are several types of Oregon Access Control Easements, including: 1. Right-of-Way Easement: This type of easement grants a person or entity the right to pass over or through another person's property to access a specific location. It could be for purposes like accessing a neighboring property, public road, or even utility access. 2. Private Road Easement: In cases where multiple properties share a common road or driveway, a private road easement is established to define the rights and responsibilities of each property owner regarding usage, maintenance, and repair. 3. Utility Easement: These easements are granted to utility companies to install, operate, and maintain utility infrastructure such as power lines, gas pipelines, or sewer systems on a property. The easement specifies the rights, limitations, and obligations of the utility company and the property owner. 4. Recreational Easement: This type of easement permits certain individuals or organizations, such as hikers, cyclists, or community groups, to access and use a property for recreational purposes. These easements often apply to areas with scenic or natural attractions. Each Oregon Access Control Easement is unique and tailored to the specific circumstances and requirements of the property and parties involved. Such easements are typically legally documented and registered with the relevant authorities, ensuring that all parties involved understand their rights and obligations. Understanding and navigating Oregon Access Control Easements is crucial for property owners, potential buyers, and anyone involved in land-use planning or development. Consulting with an experienced real estate attorney or professional who specializes in easements is highly recommended ensuring compliance with Oregon laws and to protect the rights of all parties involved.

Oregon Access Control Easement, also known as an Oregon Access Easement, refers to a legal arrangement where the rights and restrictions related to access to a property are determined and documented. This easement is commonly used in Oregon to regulate and manage the use of land. In simple terms, an access control easement in Oregon grants specific individuals or entities the right to access or cross a property that they do not own. This easement ensures that the property owner can control who has access to their land while allowing others to use it for specific purposes. There are several types of Oregon Access Control Easements, including: 1. Right-of-Way Easement: This type of easement grants a person or entity the right to pass over or through another person's property to access a specific location. It could be for purposes like accessing a neighboring property, public road, or even utility access. 2. Private Road Easement: In cases where multiple properties share a common road or driveway, a private road easement is established to define the rights and responsibilities of each property owner regarding usage, maintenance, and repair. 3. Utility Easement: These easements are granted to utility companies to install, operate, and maintain utility infrastructure such as power lines, gas pipelines, or sewer systems on a property. The easement specifies the rights, limitations, and obligations of the utility company and the property owner. 4. Recreational Easement: This type of easement permits certain individuals or organizations, such as hikers, cyclists, or community groups, to access and use a property for recreational purposes. These easements often apply to areas with scenic or natural attractions. Each Oregon Access Control Easement is unique and tailored to the specific circumstances and requirements of the property and parties involved. Such easements are typically legally documented and registered with the relevant authorities, ensuring that all parties involved understand their rights and obligations. Understanding and navigating Oregon Access Control Easements is crucial for property owners, potential buyers, and anyone involved in land-use planning or development. Consulting with an experienced real estate attorney or professional who specializes in easements is highly recommended ensuring compliance with Oregon laws and to protect the rights of all parties involved.

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FAQ

In the absence of an express legal right of access people can obtain a legal easement through exercising a right for a long time (20 years at least). To do so, the use must have been without force, secrecy or permission. This is known as a prescriptive easement.

A prescriptive easement in Oregon is similar to adverse possession, but only allows the property owner who has the prescriptive easement to use another property for a limited use, and does not mean that they have come to ?own? the other property.

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.

Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

Prescriptive easements are acquired between freehold owners for uses enjoyed for a full period of 20 years 'as of right', rather than as a result of force, secrecy or permission of the owner of the land subject to the right. The extent of a prescriptive right must relate to what has been proven to have been enjoyed.

Right-of-Way - refers to a strip of land given to the public for specific uses including roadways, bridge structures, public utilities, etc.

In Oregon, a claimant of a prescriptive easement must show that their use was open and notorious, adverse to the rights of the servient owner, and continuous for a 10-year period. The claimant does not need to show exclusive use.

Oregon's Requirements for Adverse Possession A trespasser's possession must, in Oregon, be: actual (exercising control over the property) open and notorious (using the property as the real owner would, without hiding one's occupancy) exclusive (use consistent with ownership, but not physical exclusion of all others)

More info

This Easement sets forth the entire and complete agreement between the Parties with respect to the subject matter hereof. Any prior agreements, commitments ... 1 May 2023 — Read our guide and get access to a free downloadable sample easement agreement ... This guide to the law of easements in Oregon is intended to ...How to fill out Oregon Access Easement? Preparing official paperwork can be a real stress if you don't have ready-to-use fillable templates. With the US ... An “express easement” is a written document which outlines the nature of the easement and is the best way to ensure that parties define and control how an ... Access, Notice, Contractors, Damage, Etc. How will the easement be accessed? Will the owner of the dominant estate first have to give notice to the servient ... 8 Jun 2021 — OAR 141-145-0030. Access Authorization and Easement Application Review and Approval Process · (1). Upon receipt of an application to use state- ... Access the Oregon Bulletin; Access the Annual Compilation; FAQ; Rules ... (a) Apply to the Department for a new easement and pay the required application fee ... 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. (E) Existing valid easements or right of ways granted, by the Department or State Land Board, prior to the adoption of these rules. (c) Require prior ... 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 ...

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Oregon Access Control Easement