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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Oregon Easement for Driveway: A Detailed Description Keywords: Oregon, easement for driveway, types Introduction: An easement for a driveway in Oregon refers to a legal right granted to an individual or property owner, allowing them the privilege to use a specified area on another person's property for access to a road or public street. This legal concept ensures that landowners have the necessary access to their properties, even if it means crossing over someone else's land. In Oregon, there are various types of easements for driveways depending on the specific circumstances and requirements. This article aims to provide a detailed description of the popular types of Oregon easements for driveways. 1. Affirmative Easement: An affirmative easement for a driveway is the most common type in Oregon. It grants the owner of a specific property the right to use a portion of another person's land to access their own property. For example, if Property A is landlocked and has no direct access to a public road, the owner may obtain an affirmative easement from the neighboring Property B, allowing them to cross over Property B to access the road. An affirmative easement typically involves a written agreement, easement deed, or title covenant. 2. Negative Easement: In rare cases, a negative easement for a driveway may be established in Oregon. This type of easement grants the landowner the right to restrict specific activities on their property that could hinder or obstruct the access of a neighboring property owner. For instance, Property A may obtain a negative easement that prohibits Property B from parking vehicles in such a way that blocks Property A's driveway access. Negative easements are less common and usually require specific circumstances or agreements. 3. Easement by Necessity: An easement by necessity is granted when a property owner has no feasible way of accessing their property without crossing over someone else's land, typically due to the surrounding topography or layout. Oregon recognizes easements by necessity in situations where a property is landlocked or lacks practical access to a public road. This type of easement is created automatically by law to facilitate the reasonable enjoyment of a property. 4. Easement by Prescription: An easement by prescription in Oregon can be established when someone uses another person's property for driveway access without permission for a specific period. If such use continues uninterrupted for a period specified by law (usually 10 years), an easement by prescription may be legally recognized. To claim an easement by prescription, the use must be open, notorious, continuous, and hostile (without the owner's permission). Conclusion: Oregon easements for driveways play a vital role in maintaining property owners' rights to access their land. Through various types of easements such as affirmative, negative, by necessity, and by prescription, property owners can establish a legal framework that ensures their driveway access doesn't pose any undue burdens. Understanding the different types of easements in Oregon help property owners make informed decisions and resolve any potential access-related disputes with neighboring landowners.
