Oregon Private Access Easement

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

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

Easements are specified in a property deed, which is typically recorded at the county courthouse. However, deeds may be kept in other locations, such as a county tax assessor's office or county clerk's office.

The value of the easement is based on the difference between the value of the whole property before the taking and its value after the taking with the easement in place.

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.

Include the whole length and width. Do this by reference to plans and a ground inspection. Deduct the "after scenario" value from the "before scenario" value to arrive at a value per unit of the easement land. Multiply by the measured area of the easement land to arrive at a total market value.

Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property. Easements may be given to anyone, such as neighbors, government agencies, and private parties.

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Oregon Private Access Easement