Private Access Easement For Public

State:
Oregon
Control #:
OR-HJ-689
Format:
PDF
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Private Access Easement

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FAQ

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.

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

A common example of an easement is when one person is given the right to cross or access a road across another person's property. Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.

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Easements are typically designated for a particular use and only grant certain parties the right to access it. Public versus private: Both appurtenant and gross easements can grant access to public or private entities or properties.A private easement is one that grants landuse rights to certain people, whereas a public easement grants those rights to the general public.

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Private Access Easement For Public