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What to know about easements when buying property in Oregon

On Behalf of | Jul 12, 2024 | Real Estate Law |

Easements are legal rights allowing someone to use another person’s land for a specific purpose. When buying property with existing easements in Oregon, you need to understand how these rights affect your ownership and use of the property. 

Ignoring easements can lead to legal disputes and unexpected limitations on your property use.

Types of easements

Easements can be public or private. Public easements might allow utility companies to access your property for maintenance. Private easements could let a neighbor use a driveway on your land. Knowing the type of easement helps determine the extent of its impact on your property.

Easement documentation

Before purchasing, review the property’s title report and any recorded documents. These documents outline the specifics of the easements, including their location, purpose, and any usage limitations. You must understand these details to avoid future conflicts.

Impact on property value

Easements can affect property value. For instance, a utility easement might limit where you can build. Discuss potential value impacts with a real estate agent or appraiser. Understanding how easements affect value helps in making an informed purchase decision.

Legal advice

Consult a real estate attorney to review easements on the property. An attorney can explain legal implications and help negotiate any necessary adjustments. Legal advice ensures that you fully understand the responsibilities and limitations imposed by the easements.

Negotiating easement terms

If an easement significantly impacts your plans for the property, it may be possible to negotiate with the easement holder. Sometimes, modifications can be made, or compensation can be provided for any inconvenience caused by the easement. Negotiation helps tailor easement terms to better suit your needs.

Future implications

Consider how easements might affect future property use or resale. Easements can impact future development plans or the attractiveness of the property to potential buyers. Thinking ahead ensures that the property remains a good investment.

Purchasing property with existing easements requires careful consideration. By understanding this, buyers can make informed decisions and avoid potential issues.