Community

Easements can be a source for friction between neighboring property owners. Obviously the more specific the terms, conditions, and location of the easement, the less opportunity for debate between the parties. Something that is often overlooked is the care and maintenance of the easement. For those having an interest in a road, a well-crafted road maintenance agreement by one of our local attorneys is worth a lot when warring factions cannot find a consensus of opinion. However, there is a provision in ORS 105.175 that provides that "Failure to record the agreement shall not affect the enforceability of the agreement among the parties to the agreement and any other person with actual notice of the agreement."  It further provides that the allocation of those maintenance costs may be appropriated taking into account the frequency of use, distance of use, the size and weight of the vehicles used. While this works well in normal and customary circumstance the statute also goes on to state:  "Those holders of an interest in the easement that are responsible for damage to the easement because of negligence or abnormal use shall repair the damage at their sole expense."  Hopefully this can take out some of the drama that can electrify a potentially divisive situation.

 Curt Johnson SIOR