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Easements, Flag Lots, and PLAs
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Published on Jun 19, 2018
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PRESENTATION OUTLINE
1.
Easements, Flag Lots, and PLAs
Photo by
Stuck in Customs
2.
State v. Fowler & Country Realty
Agent represented developer
Developer marketed and sold lots which violated Oregon subdivision lots
Guilty of misdemeanor
Photo by
cacigar
3.
Terminology
Lot
Legal Lot
Tax Lot
Partition
Subdivision
Parcel
Photo by
stewie811
4.
What We'll Cover:
Types of Easements
Creation of Easements
Termination of Easements
Flag Lots and Related Issues
Property Line Adjustments
Photo by
Kathleen Tyler Conklin
5.
What is an Easement?
Non-possessory right in land of another
Photo by
marfis75
6.
Similar to Easements
Right of Way
Profit a Prendre
License
Permit
Photo by
Taylor.McBride™
7.
Types of Easements
Written & Agreed Upon
Prescriptive
Implication
Necessity
Photo by
Dirk-Jan van Roest
8.
Affirmative vs. Negative Easements
Photo by
DCSL
9.
Elements of an Easement
Parties
Legal Description of Property
Location of Easement
Use & Maintenance
Duration
Photo by
onanie
10.
Parties
Successors, Heirs & Assignees
Photo by
x-ray delta one
11.
Legal Description
Metes & Bounds, Lot & Subdivision
Photo by
waterarchives
12.
Location
Aeriel
Surface
Subterrainian
Photo by
rawpixel
13.
Use & Maintenance
Photo by
Himalayan Trails
14.
Duration
Photo by
Farid Iqbal
15.
Termination
Expiration by Terms
Misuse
Perpetual
Merger
Abandonment
Photo by
mikecogh
16.
Easement via Plat
17.
Tax Map
18.
Plat
19.
Easement by Necessity
Landlocked Parcel
Court Petition
ORS 376
Photo by
Martin Arthur Andersen
20.
Prescriptive Easement
Open & Adverse
Notorious
10 Year Period
Continuous
Photo by
Erda Estremera
21.
Flag Lots
Photo by
Leo Reynolds
22.
Components
Flag - the only building site
Pole - connects the flag to the street
23.
Advantages
Less expensive development
Increased density
Secluded
Zoning
24.
Issues
Access
Maintenance
Utilities
Photo by
cowfish
25.
Requirements (Hillsboro)
Approval via land division process
No more than 3 dwellings on same access strip
Min. driveway easement: 12' (1 lot), 17 ' (2 lots), 22' (3 lots)
26.
Property Line Adjustments
Photo by
Snapshooter46
27.
Boundary Agreements vs. Boundary Adjustments
Photo by
Nicolas Lobos
28.
Reasons for PLA
Resolve disputes
Fix past unlawful land divisons
Fix setback issues
Photo by
stewie811
29.
Requirements
No new parcels or lots are created
Resulting lots or parcels comply with zoning and density requirements
Kevin Harker
Haiku Deck Pro User
http://www.calaw.attorney
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