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 Prescription
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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How to fill out Oregon Public Utilities Easement - Temporary And Permanent?
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FAQ
For example, in Oregon, a person may claim a prescriptive easement if they have openly and continuously used a roadway on someone else's property for at least 10 years without the owner's permission.
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.
To obtain a prescriptive easement, a plaintiff must show use of the land as though it were an easement for ten years in an open and notorious manner that is continuous and adverse to the rights of the servient owner. Nice v. Priday, 149 Or.
An ?easement by prescription? is an easement created when a party can prove that they have used another property in a manner which is open, notorious, and adverse to the true land owner for a continuous and uninterrupted period of ten years.
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.