An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Oregon Easement for Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.
An easement appurtenant affects two parcels of land owned by different parties, where the parcel of land that: Benefits from the easement is called the dominant estate. Is burdened by the easement is called the servient estate.
An easement appurtenant "runs with the land." This means that: The easement becomes a part of the land itself (the dominant estate). If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.
Adverse possession is a legal doctrine that essentially allows trespassers on a piece of land to gain ownership rights if the true owner doesn't stop them within a certain period of time. That period is ten years in Oregon. To ensure that all of your land remains yours, you must keep an eye on your property lines.
The holders of an interest in any easement shall maintain the easement in repair.
An easement is a nonpossessory interest in the land of another that entitles the easement holder to limited use of another's land without interference. ORS 105.170 (1). An easement holder is a person with a legal right to use the easement and may include the owner of the land across which the easement passes.
Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.
The dominant tenement property is the property that benefits from the easement while the servient tenement property is burdened by the easement. The word appurtenant refers to something that is a legal attachment.
