Easement in Oregon

State-specific overview · Property & Real Estate

Quick summary

Oregon requires easements to be in writing and recorded; prescriptive easements need 10 years of continuous, open use.

How Oregon treats Easement

Oregon Revised Statutes generally require easements to be documented in writing and properly recorded in the county deed records to be enforceable against future owners. A prescriptive easement can be established after 10 years of open, notorious, exclusive, and continuous use without permission. Oregon courts recognize easements by necessity for landlocked properties and enforce express easements strictly according to their recorded language and scope.

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The general definition of Easement

The right to use someone else's land for a specific purpose, like crossing it or running utilities.

An easement gives one person or entity the legal right to use another person's property in a limited way. For example, a utility company might have an easement to run electric lines under your yard, or a neighbor might have an easement to cross your land to reach their property. The property owner still owns the land but cannot prevent the easement holder from exercising their right.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Oregon.