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In Oregon, a claimant of a prescriptive easement must show that their use was open and notorious, adverse to the rights of the servient owner, and continuous for a 10-year period. The claimant does not need to show exclusive use.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Think of it this way: easements in gross attach to a person, easements appurtenant attach to the land (and are most often between two adjoining pieces of property). Because easements in gross attach to a person, you don't have to be a neighbor to receive one.
What Is An Easement Appurtenant In Real Estate? An easement is the right to use another person's property for a specific and limited purpose. An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates.
The holders of an interest in any easement shall maintain the easement in repair.
The term appurtenance refers to the attachment of a right or property to a more worthy principal. Put simply, appurtenance means that something legally belongs to another, larger, more valuable entity. It commonly occurs in real estate and applies to improvements or rights that come with a form of property.
On this page you'll find 13 synonyms, antonyms, and words related to easement, such as: access, passage, legal right, and means of access.
Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.