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Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.
Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.
For example, in Oregon, a person may claim a prescriptive easement if they have openly and continuously used a roadway on someone else's property for at least 10 years without the owner's permission.
It's the right held by one person to make use of the land held by another person for a limited interest. ODOT'S RIGHT OF WAY DEPARTMENT IS THE HOLDER OF OUR ?APPROVED EASEMENT LIST?.
Oregon's Requirements for Adverse Possession A trespasser's possession must, in Oregon, be: actual (exercising control over the property) open and notorious (using the property as the real owner would, without hiding one's occupancy) exclusive (use consistent with ownership, but not physical exclusion of all others)
To obtain a prescriptive easement, a plaintiff must show use of the land as though it were an easement for ten years in an open and notorious manner that is continuous and adverse to the rights of the servient owner. Nice v. Priday, 149 Or. App.