View Easement
Description
How to fill out Oregon View Easement For A Term Of 20 Years?
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FAQ
The fact that a right to a view cannot exist as an easement means that no matter how long a view has been enjoyed by the owner or preceding owners of land it can never be enjoyed as of right. It may however be possible to protect the view in other ways.
131 sets out the four essential characteristics of an easement which are as follows:There must be a dominant and servient tenement;The easement must accommodate the dominant tenement;The dominant and servient owners must be different people;The right must be capable of forming the subject matter of a grant.
In law there is no right to a view. However, a recent case Dennis v Davies shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause nuisance or annoyance then the annoyance factor can be used to protect a view.
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
The legal burden of proof A party claiming a prescriptive right has to prove not only long user, i.e. that the right has been exercised for 20 years or more, but also that the use has been as of right. As of right means, in Latin, nec vi, nec clam, nec precario.