Oregon Easement By Necessity
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FAQ
1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
An easement can also be negotiated to protect a property owner's views so that a neighboring property owner cannot block the easement holder's views. Easements can be terminated by agreement of the parties involved.
Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
In order to prove a prior use easement, the party seeking an easement must show each of the following elements: (1) unity of ownership of the alleged dominant and servient estates prior to severance; (2) the use of the claimed easement was open and apparent at the time of severance; (3) the use was continuous, so the
An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not recorded, this will not affect the enforceability of the agreement among the parties thereto and any other person with actual notice of the agreement (105.175).