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Oregon
Oregon Foreclosure Avoidance ProgramBeneficiary Exemption Affidavit

Oregon Access Easement Form

Category:

Real Estate - Foreclosures

State:

Oregon

Control #:

OR-LR056T

Format:

Instant download

Description

The Oregon access easement form is a legal document that allows property owners to grant specific access rights to individuals or entities over their land. This form is essential for establishing legally enforceable easements, ensuring that both parties understand their rights and responsibilities regarding the usage of the property. Key features of the form include sections for identifying the properties involved, outlining the purpose of the easement, and specifying the duration and limitations of the access granted. Filling out the form requires clear identification of the granting party and the party receiving the easement, along with proper signatures. It's designed for use by a variety of legal professionals including attorneys, partners, owners, associates, paralegals, and legal assistants. For these users, the form provides a simplified method to facilitate negotiations and agreements surrounding property access, which is vital for real estate transactions, development projects, and easement disputes. Additionally, it serves to protect the interests of the landowner while ensuring that the easement holder's rights are explicitly defined and recorded, making this document a crucial tool in property law.

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How to fill out Oregon Foreclosure Avoidance ProgramBeneficiary Exemption Affidavit?

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FAQ

An easement allows the holder of the easement to use the real property of another for a specific purpose. Title to the underlying land is retained by the owner of real property. In practice, this means that the owner of real property retains all ownership rights except for those specifically covered by the easement.

Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.

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

A landlocked landowner has a right to an easement to cross the land of another to reach a public right-of-way. This type of easement available to a landlocked owner is called an easement by necessity and is outlined in Oregon Revised Statutes, specifically ORS 376.

An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not recorded, this will not affect the enforceability of the agreement among the parties thereto and any other person with actual notice of the agreement (105.175).