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.
The Oregon Deed of Conservation Easement is a legal document designed to protect and preserve natural resources, open spaces, and agricultural lands within the state. A conservation easement is a voluntary agreement between a landowner and a government agency or nonprofit organization, often called a land trust. It restricts future development and ensures the land's conservation values are upheld, even if it is sold or transferred to new owners. The Oregon Deed of Conservation Easement is established under the Oregon Revised Statutes (ORS) Chapter 271A. It provides a framework for landowners to voluntarily enter into long-term agreements to protect the natural, scenic, historical, or ecological values of their properties. These easements are often held by land trusts, local governments, or state agencies to ensure compliance and enforcement. The key purpose of the Oregon Deed of Conservation Easement is to preserve the unique character of Oregon's landscapes and maintain the integrity of wildlife habitats. It allows landowners to maintain ownership and use of their property while conserving its significant features and prohibiting activities that could harm its conservation values. There are several types of Oregon Deed of Conservation Easements, including: 1. Natural Resource Easement: Focuses on protecting the state's natural resources, such as wetlands, forests, rivers, or sensitive ecological areas. It restricts logging, mining, and other extractive activities that could damage the environment. 2. Scenic Easement: Aims to protect the scenic and visual qualities of landscapes, such as scenic corridors, view sheds, or historic locations. It ensures that the land remains undeveloped, preserving the natural beauty of the area. 3. Agricultural Easement: Specifically targets the conservation of farmlands, ensuring their continued use for agriculture and preventing conversion to other purposes. It safeguards Oregon's agricultural heritage and promotes sustainable farming practices. 4. Historical Easement: Focuses on protecting historically significant structures, sites, or areas. It preserves Oregon's cultural heritage and prevents alterations or destruction of historically relevant features. 5. Water Easement: Concentrates on protecting water resources, such as rivers, lakes, or wetlands, and associated riparian habitats. It prevents activities that could degrade water quality or disrupt the ecosystem's balance. Each type of easement comes with specific terms and conditions, tailored to address the unique conservation values of the land. The Oregon Deed of Conservation Easement provides a comprehensive legal framework to ensure the long-term preservation of Oregon's natural, historical, and agricultural resources, benefiting both present and future generations.
