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.
Utilities Easement Rights
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
To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.
Essentials of EasementsDominant and Servient Heritage.Separate owners.Beneficial Enjoyment.Positive or Negative.Continuous or Discontinuous.Apparent or Non- Apparent.Express Grant.Implied Circumstances.More items...?11-Jun-2019
Denying an Easement Since an easement is a request for use of your property, you have the right to deny it. However, if it's a public entity that is requesting the easement, such as the local government, they may take you to court.
The first is a utility easement that allows a property owner and utility company to run water pipes, power lines, and other utilities. The second is a private easement agreement between two private parties.
In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.