Oregon Deed Granting Right of Way

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Multi-State
Control #:
US-0240BG
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Word; 
Rich Text
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Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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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.

The cost of maintaining the easement in repair in the absence of an agreement and in the absence of maintenance provisions in a recorded instrument creating the easement shall be shared by each holder of an interest in the easement in proportion to the use made of the easement by each holder of an interest in the ...

Termination of Easement for Real Estate Located in Oregon This document allows the owner of the land, burdened by the access and the party that benefits from the access, to sign an agreement releasing the property from such access, under the premises the benefiting party no longer needs access.

An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not recorded, this will not affect the enforceability of the agreement among the parties thereto and any other person with actual notice of the agreement (105.175).

Property Owner Rights in Right of Way Because of the extent of the easement this is often referred to as the underlying fee ownership. Under Oregon law, a property owner does not have the right to allow trees or other vegetation to intrude onto an abutting property or to interfere with an easement.

An easement allows the holder of the easement to use the real property of another for a specific purpose. Title to the underlying land is retained by the owner of real property. In practice, this means that the owner of real property retains all ownership rights except for those specifically covered by the easement.

More info

Oct 5, 2019 — It is desirable that a land description: • should contain title identity (relationship between particular description and adjoiners). Feb 1, 2018 — Deed Recording. Draft on the Right of Way CAD file the county recording information of the deeds for acquired or sold property. Then ...May 1, 2023 — Express Grant: A grant of an easement should be drawn and executed with the same formalities as a deed to real estate. An easement is created if ... As part of a development permit or land use application, the landowner may be required to grant an easement to the City for public right-of-way purposes. An easement deed should be recorded in the real property records in the county where the property subject to the easement is located. If the easement is not ... Division 122. RULES FOR GRANTING EASEMENTS ON TRUST LANDS ... (1) These rules: (a) Govern the granting of easements on state-owned Trust land as specified herein. The granting of a public road easement gives the county the right to go onto property to do whatever may be necessary to construct and maintain public roads. Feb 17, 2009 — In this legislation, Congress returned to the original purpose of the Grant. Act--the development of the State of Oregon. The SP Railroad had ... RIGHT OF WAY AND REAL PROPERTY. 734-035-0005. Property Grants to Cities and Counties for Streets and Roads. (1) General Policy: The grant of ... (2) If the ownership, right or title of the political subdivision to any real property set apart by deed, will or otherwise for a burial ground or cemetery, or ...

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Oregon Deed Granting Right of Way