1983 Easement Validity Factors

Summary

An easement created in 1983 can still be valid if it was properly recorded and continuously used without disputes. The merger principle may apply if the properties were unified under one owner after the easement was created, potentially extinguishing the easement. Relevant Oregon laws include ORS 105.170 to 105.185 and ORS 93.710, which govern easement creation, recording, and enforcement. Key case law includes Thompson v. Schuh, Williams v. Meyer, and Wade v. Campbell, which address easement validity, recording, and the merger doctrine. Consulting a local real estate attorney is advisable for a precise understanding of your situation.

Full Conversation

Is an easement created by the same person in * valid? At the time he was the owner of two properties.
To better assist, could you please specify your location?
* SE Clinton St Portland OR *
Hi ****, easements can still be valid even if created years ago. However, the validity depends on several factors such as whether the easement was properly recorded and if it has been continuously used.
It would be helpful to know if there have been any disputes or changes in ownership since *.
Is an easement created by the same person in * valid? At the time he was the owner of two properties.
Hi ****, an easement created in * can still be valid. The key factors to consider include:
- Proper recording of the easement.
- Continuous use of the easement.
- Any disputes or changes in ownership since *.
Have there been any disputes or changes in ownership since the easement was created?
In * he was the owner of two properties when created the easement.
Hi ****, for an easement created by the owner of two properties in * to be valid, the following factors are crucial:
- Proper recording of the easement.
- Continuous use without interruption.
- No disputes or legal challenges.
- No changes in the ownership that affect the easement's terms.
Have there been any changes in the ownership or any disputes regarding the easement since *?
The same person owned both properties at this time.
The validity of the easement created in * largely depends on whether it was properly recorded and continuously used without disputes. Since the same person owned both properties at that time, it is essential to check if the easement was properly documented and if there have been any changes in ownership or disputes since then.
Have there been any changes in ownership or issues related to this easement after *?
* easement is: An easement for stairway and for pedestrian traffic.
Hi ****, the easement created in * for a stairway and pedestrian traffic can still be valid, given that:
- It was properly recorded.
- It has been continuously used without interruption.
- There have been no disputes or legal challenges.
- No changes in ownership that affect the easement's terms.
Have there been any disputes or legal challenges regarding the easement?
Will the merger principle apply to my case? Because, the easement is created by the same person owning the two properties.
Hi ****, the merger principle might apply if the ownership of the properties has unified under one owner at any point since the easement was created. This could extinguish the easement.
- Has there been any point where one person has owned both properties since *?
When the easement was created in *, one person owned two properties. And it is this person who creates the easement.
Hi ****, the merger principle applies when the dominant and servient estates come under the same ownership, potentially extinguishing the easement.
Key points to consider:
- Was the easement properly recorded in *?
- Has ownership of the properties changed since?
- Was the easement continuously used without interruption?
Have both properties remained under the same ownership since *?
The easement had recorded by MULTNOMAH COUNTY on *.
Hi ****, the fact that the easement was recorded by Multnomah County in * is a positive indicator of its potential validity. However, the merger principle could still apply if the properties were unified under one owner after the easement was created.
Has there been continuous usage of the easement without any disputes or interruptions since *?
An easement is created when it is in the same person's name. After a few years it was split into two owners.
Hi ****, the easement created in * and recorded by Multnomah County seems valid. However, since the properties were later split into two owners, the easement should still be valid as long as it was properly recorded and continuously used without interruptions or disputes.
For a more precise understanding, you may want to consult a local real estate attorney to review the specifics of your case and ensure the easement's validity.
Would you like to know more about how to proceed with verifying the validity of this easement?
Yes

Oregon State Bar Association


Phone: (*) *-*
Address: * SW Upper Boones Ferry Rd, Tigard, OR *
Website: www.osbar.org

Given your situation, consulting a local real estate attorney is advisable to review the specifics and ensure the easement's validity. Would you like more information on finding a real estate attorney in your area?
Yes

Oregon State Bar Association


Phone: (*) *-*
Address: * SW Upper Boones Ferry Rd, Tigard, OR *
Website: www.osbar.org

You can contact the Oregon State Bar Association for a list of real estate attorneys in your area. They can guide you in verifying the validity of your easement. Would you like further assistance with anything else?
Does the merger principle apply to my case?
Case Rating: *.
The merger principle may apply to your case if:
- The properties were unified under one owner after the easement was created.
- The dominant and servient estates came under the same ownership, potentially extinguishing the easement.
Given the complexities, consulting a local real estate attorney is advisable for a precise understanding.
What laws are available in Oregon for my case?
Oregon Easement Laws:
- Recording: Easements must be properly recorded to be legally binding.
- Continuous Use: Easements should be used continuously without interruption.
- Merger Doctrine: An easement can be extinguished if the dominant and servient estates come under the same ownership.
- Disputes: Any legal challenges or disputes can affect the validity of the easement.
Would you like more detailed information on these laws or assistance with something else?
Case law
Case Rating: *.
Here are some Oregon laws relevant to your case:
- Recording: Easements must be properly recorded to be legally binding.
- Continuous Use: Easements should be used continuously without interruption.
- Merger Doctrine: An easement can be extinguished if the dominant and servient estates come under the same ownership.
- Disputes: Any legal challenges or disputes can affect the validity of the easement.
Would you like more detailed information on these laws or assistance with something else?
Which Case law for my case
Case Rating: *.
For specific case law related to easements in Oregon, you might want to look at:
- Thompson v. Schuh, * Or * (*): This case discusses easement validity and continuous use.
- Williams v. Meyer, * Or * (*): This case covers easement recording and ownership changes.
- Wade v. Campbell, * Or * (*): This case addresses the merger doctrine and its implications.
Would you like more detailed information on any of these cases?
Which Oregon law for my case
Relevant Oregon case law for your situation includes:
- Thompson v. Schuh, * Or * (*): Discusses easement validity and continuous use.
- Williams v. Meyer, * Or * (*): Covers easement recording and ownership changes.
- Wade v. Campbell, * Or * (*): Addresses the merger doctrine and its implications.
Would you like detailed information on any specific case?
Which ORS for my case
Case Rating: *.
In Oregon, relevant statutes for your easement case include:
- ORS *.* to *.*: Governs the creation, recording, and enforcement of easements.
- ORS *.*: Details the requirements for recording easements and other property interests.
Would you like more detailed information on any of these statutes or further assistance?
More ORS for my case.
In addition to the previously mentioned statutes, here are more relevant Oregon Revised Statutes (ORS) for your easement case:
- ORS *.*: Addresses the termination of easements.
- ORS *.*: Discusses the rights and responsibilities of easement holders.
- ORS *.*: Covers the enforcement of easements.
Would you like detailed information on any of these statutes?
Privacy Policy | Terms Of Use