Even when there isn’t a written agreement, a court may find that an easement exists. The big four – Prescriptive Easements, Easements by Estoppel, Easements of Necessity, and Easements by Implication. An overview of the easements that a court may find run across your property.
Exactly where is your easement?!? Gotcha, your easement must be invalid. The deed doesn’t say where the easement runs. To comply with the statute of frauds, “a contract or deed for the conveyance of land must contain a description of … Continue reading →
As noted in a previous post, this question was answered in Washington in the Buck Mountain case. In Oregon, the Legislature has addressed the question – ORS 105.170-185, giving powerful tools to users of shared easements to ensure that they … Continue reading →
The case Slak v. Porter, 875 P.2d 515, 128 Or.App. 274 (1994), is a great example of how a property owner may take deliberate action to terminate or extinguish an easement that runs across their property. To summarize the case, … Continue reading →