Oregon Easement By Necessity
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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.