Access To Easement Rights

State:
Oregon
Control #:
OR-HJ-412-01
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PDF
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A01 Access Easement
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FAQ

Disturbance of easements is the lawful obstruction, or annoyances caused by the infringement of rights of easements. Chapter IV, Sections 32 to 36 of the Indian Easements Act, 1882 deal with disturbance of easements.

An owner or occupier of land or building has no natural right to free passage air to his tenement over adjoining open land. He has no natural right to prevent his neighbour from using his land in such a way as to obstruct that free passage air.

Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.

An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.

An easement, or easement arrangement, is a term describing a situation in which one party uses another party's property, where a fee is charged to the property's owner in exchange for the easement rights.

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Access To Easement Rights