Easements

Published on May 06, 2016

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PRESENTATION OUTLINE

EASEMENTS & LEGAL DESCRIPTIONS

Easements

Elements of Easements

  • Interest in land of another
  • Agreement
  • Nonpossessory
  • Description of easement area

Similar Concepts

  • Easements
  • Rights of Way
  • Profits a Prendre
  • Licenses
  • Permits

Affirmative vs. Negative Easements

Creation of Easements

Written / Express

Includes: extent, duration; recorded in county records

Easements by Prescription

  • 10 years
  • Open, Notorious, Adverse
  • Continuous and Uninterupted

Easements by Necessity

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Easements via Plat

Maintenance & Repair

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Enforcement of Easements

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Termination of Easements

  • Completion or Expiration
  • Merger
  • Abandonment
  • Misuse

Legal Descriptions

Property must be described with certainty and distinguisable

Sources of Title

  • Conquest/war
  • Deed
  • Will from Deceased
  • Adverse Possesion
  • Eminent Domain
  • Escheat
  • Dedication to public body

Components of Legal Description

  • Monuments (iron rod, tree stump, edge of water)
  • Measurement
  • Bearing / Direction

Land Ordinance Act - 1785

  • Townships - 6 sq miles
  • Sections - 36 within township, 1 sq. mile, 640 acres
  • Principle meridians

Willamette Meridian

Creation of Boundaries

  • Action - usu. via survey
  • Words - contained in deed
  • Statute - i.e. State of Oregon ownership of navigable waterways

Chain of Title

Location of Easements

Measurements

  • 1 Chain = 66 Feet
  • 80 Chains = 1 Mile
  • 1 Rod = 16.5 Feet
  • 4 Rods = 1 Chain
  • 1 Acre = 10 Sq. Chains
  • 1 Barleycorn = 1/3 Inch