Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Oregon Grant of Easement for Light and Air
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Multi-State
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US-01170BG
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Word;
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How to fill out Grant Of Easement For Light And Air?
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FAQ
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.
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.
One of the most common easements is an easement for ingress and egress, which allows an easement holder to go across another property owner's property, usually to access their own property.
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.
An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.
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.