Oregon Public Utilities Easement - temporary and permanent
Understanding this form
The Public Utilities Easement form is a legal document that grants a utility company access to a property to install, maintain, or repair utility lines. This easement can be either temporary, allowing access during construction, or permanent, permitting ongoing utility operations. Unlike other types of easements, this form specifically addresses the needs of public utility services and includes provisions for restoring the property after construction is completed.
What’s included in this form
- Identification of the grantor and grantee, which defines who is granting and receiving the easement.
- Description of the temporary and permanent easement areas, including the specific location on the property.
- Rights reserved for the grantor, allowing them to use the surface of the property for certain activities.
- Obligations for the grantee, including the requirement to restore the property post-construction.
- Indemnification clause to protect the grantor from liabilities arising from the use of the easement.
Common use cases
This form should be used when a utility company needs to obtain permission to access private property for the installation or maintenance of utility lines. Common scenarios include when new power lines or water pipes are being constructed, or when repairs are needed on existing infrastructure that runs beneath or across private property.
Who this form is for
This form is suitable for:
- Private property owners who need a utility line installed or maintained on their property.
- Utility companies seeking legal authority to access and work on private property.
- Land developers or contractors involved in construction projects that require utility service installations.
Instructions for completing this form
- Identify the parties involved: clearly state the name of the grantor (property owner) and grantee (utility company).
- Provide a detailed description of the easement area, including exact measurements and location on the property.
- Specify the terms of the easement, distinguishing between temporary and permanent rights granted.
- Include any specific conditions or restrictions regarding the use of the property by the grantor, ensuring clarity in rights reserved.
- Sign and date the document in the presence of a witness or notary if required by your jurisdiction.
Does this document require notarization?
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to clearly describe the easement area, which can lead to disputes later.
- Not including the obligations of the grantee, such as restoring the property after construction.
- Overlooking the need for notarization or witness signatures as required by local laws.
- Using vague language that does not clearly define the rights and limitations of the easement.
Advantages of online completion
- Convenience of downloading and completing the form from anywhere, at any time.
- Editability allows users to customize the form according to their specific needs.
- Access to forms drafted by licensed attorneys ensures legal compliance and accuracy.
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FAQ
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
Permanent easement means an easement that lasts in perpetuity.
Generally, easements are created by express grant or reservation. Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.
If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.
Easements will continue indefinitely unless terminated by one of the following methods: Express Agreement. An easement holder and easement owner may decide by written agreement to terminate the easement.
An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder's use.The owner of the land may continue to use it, according to . Easements are usually held to be permanent unless the agreement states otherwise.
Easements are specified in a property deed, which is typically recorded at the county courthouse. However, deeds may be kept in other locations, such as a county tax assessor's office or county clerk's office.Your local utility company may also maintain records on utility easements.
Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.
