Oregon Utility Easement

State:
Multi-State
Control #:
US-EAS-28
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Word; 
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Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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.

An Oregon utility easement is a legal right granted to different utility companies or government entities to access, maintain, and operate utility infrastructure on another person's property. These easements ensure the uninterrupted provision of essential services such as electricity, natural gas, water, sewer, cable, and telecommunications. Utility easements in Oregon can take different forms depending on the specific utility or services being provided. Here are some of the common types of utility easements in Oregon: 1. Electric Easements: These easements allow utility companies to install, maintain, and access overhead or underground electrical lines, transformers, and other necessary equipment. 2. Gas Easements: Gas utility easements give companies the right to lay and maintain gas pipelines and related infrastructure on private property to deliver natural gas to consumers. 3. Water Easements: Water utility easements permit access for the construction, maintenance, and repair of water mains, pipes, valves, and other water-related infrastructure. 4. Sewer Easements: Sewer utility easements are granted to allow the installation, maintenance, and repair of sewer lines, manholes, and wastewater treatment infrastructure. 5. Cable and Telecommunications Easements: These easements are necessary for cable TV and telecommunication companies to install and maintain cables, wires, and other necessary equipment required for communication services. Oregon utility easements typically include a designated area on the property where the utility infrastructure is located, ensuring that property owners are aware and can plan around these utility installations. It is important to note that while the utility company has access rights to the easement area, property owners still retain ownership and control over their land. In Oregon, utility easements can be created through various means, such as negotiated agreements between the property owner and the utility company, eminent domain proceedings, or through the subdivision and development process. Property owners should be aware of any utility easements on their property and understand the rights and responsibilities associated with them. Utility easements are recorded in the property deed or may be found in public records, surveys, or plats associated with the property. It is advisable to consult legal professionals or real estate experts to ensure a clear understanding of the specific details regarding utility easements on Oregon properties.

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FAQ

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.

In plain language, an ?easement? is a legal right to use another property owner's property for a limited use. 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.

An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

The holders of an interest in any easement shall maintain the easement in repair.

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.

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Oregon Utility Easement