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Real property

private easement

A private easement is an easement that provides the right to use and enjoy a tract of property (the servient estate) by one specific person or a few specific people. Private easements are often sold to an adjoining property owner to allow the adjoining property owner to use the easement seller’s property in a limited way.

For example, a private sewer easement may be sold to a person building a house to allow the sewer line to slant properly to the street—which may require it to run underneath the easement seller’s property (the servient estate).

In Oregon, a private easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It is typically granted for a specific purpose, such as access to a neighboring property for utilities or ingress and egress. The creation of an easement in Oregon can be done by a written agreement or deed, which should be recorded with the county recorder's office where the property is located to provide notice to subsequent purchasers. The terms of the easement, including its duration, use, and maintenance responsibilities, are usually defined in the agreement. It's important to note that easements are binding on subsequent owners of the property and can affect the property's value and use. If disputes arise regarding the easement, parties may need to consult with an attorney to resolve the issues according to state law and the specific terms of the easement agreement.

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Real property

private easement

Individual & Family Legal Plan

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Oregon State Code

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Real property

private easement

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