Is an unrecorded easement enforceable?

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

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Oregon Declaration of Easement

Declaration Of Easement

Name: Oregon Declaration of Easement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (476 reviews)

Category:

Oregon Court Samples - Real Estate - Easements and Rights of Way

State:

Oregon

Control #:

OR-HJ-618

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Declaration of Easement

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FAQ

Generally speaking, an easement is a more serious property right; it is the legal right to use someone else's land for a particular purpose. Easements are often recorded at the county clerk's office and encumber your property's title.Here, however, you probably do not need to take the step of granting an easement.

Ask him to grant you a formal easement by deed. Your neighbor the servient, or burdened landowner can give the easement of his own accord, but he is not obligated to do this. The chances are, you will have to negotiate a price; an easement is, after all, an interest in land, which has a value attached to it.

A property easement is generally written and recorded with the local assessor's office.

(1) The holders of an interest in any easement shall maintain the easement in repair.

In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.

There must be both a dominant and servient tenement, The easement must accommodate the dominant tenement, The dominant and servient tenements must be owned by different persons, and. The right claimed must be capable of forming the subject matter of a grant.

Easements are usually created by a transfer in a deed or some other written document such as a will or contract. Creating an easement requires the same formalities as the transferring or creating of other interests in land.

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Declaration Of Easement

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FAQ

Do easements have to be recorded?

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Who maintains an easement in Oregon?

How are easements created by prescription?

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Is an unrecorded easement enforceable?

Does easement have to be recorded?

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