Oregon Agreement for Voluntary Right of Way Donation

State:
Multi-State
Control #:
US-EAS-9
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

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.
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FAQ

It's the right held by one person to make use of the land held by another person for a limited interest. ODOT'S RIGHT OF WAY DEPARTMENT IS THE HOLDER OF OUR ?APPROVED EASEMENT LIST?.

All structures or works over an easement require build over easement approval. Generally approved structures are portable and light weight.

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

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.

Easements run like shattered cobwebs across the state of Arizona. These property rights provide one person a right to use another person's property for certain limited uses?and this limited use is considered a form of real estate interest that the property owner cannot simply revoke at will under law.

Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.

The owner of the land over which the easement runs is not allowed to interfere with the easement, even though the owner owns title to that land.

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Oregon Agreement for Voluntary Right of Way Donation