An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Oregon Easement By Necessity
State:
Oregon
Control #:
OR-EAS-1
Format:
Word;
Rich Text
Instant download
Description
This easement form, a Public Utilities Easement (temporary and permanent), provides an easement for the original excavation and construction of utility line and upon the completion of the construction thereof shall cease and desist, save and except for that portion hereinbefore described as being a permanent easement.
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FAQ
Easements can arise in situations where a property would otherwise be landlocked. Typically, such an easement would be called an ?easement by necessity.? An easement by necessity allows an owner of landlocked property to obtain easement rights which allow for legal access to their property.
Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use are required to repair the damage at their sole expense.
An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.