Many plots of land in Oregon have an easement attached to them. An easement is a legal right of way for someone to use someone else’s property. In Oregon there are three types of property easements.
The first type of property easement in Oregon is an express easement. This is an easement that is written into a deed or contract that clearly states what it is for. This easement identifies the different parties that are affected, the location of the easement and the provisions that pertain to maintenance, liability, property taxes, and termination, among other stipulations.
Another type of easement in Oregon is an implied easement. There are three factors of an implied easement. One is that a property owner needs the easement in order to use their land. The second factor is that parts of the land are going to be sold or divided, and third, the need for the easement existed before the land is divided.
This third type of easement is a prescriptive easement. This is where a person doesn’t understand where their property boundary line was, and this persists for a period of time. A common example is when a person puts up a fence that is over the property line and that has existed for decades. In this case an easement for the fence may be granted.
A legal professional who specializes in real estate can help their client with any easement dispute they may have. An attorney understands that these disputes can be complicated and go back several years. The best way to sort out easement issues is to use a real estate attorney.