u/Immediate-Living8773

▲ 10 r/legal

Can easement be granted after the property was sold

Location: Oregon

Another easement question, sorry.

Lots A and B used to be a part of one big lot, owned by a person who now owns lot B only. Lot A was sold years ago.

Last year, the owner of the lot B granted easement to the utility company, but the property description includes what used to be a bigger lot - meaning my propery is included as well?

Is this appropriate/legal?

I have absolutely no problem allowing access to the utility company, but if there is an easement to be granted, shouldn't it be me granting it for the part of the property that is mine? To my knowledge, no express utility easement to this utility company was granted for any lot (original nor divided) in the past. It is possible that this is a new regulation, but can an owner of a property he sold years ago do it without consulting me?

Thanks in advance!

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u/Immediate-Living8773 — 4 days ago
▲ 1 r/legal

Easement, recorded not matching the real access road

Location: Oregon

Hi,

I hope I can get some general suggestions, so I can be better prepared to follow up through appropriate channels. Thank you all in advance!

About 10 years ago I purchased a property that was a part of a bigger lot, divided by a recorded property line adjustment. Let's say lot A is mine, lot B is a part of the bigger lot retained by the original owner who owned the big lot.
My house is accessible by a private driveway, that I have been using since I moved in. This is the only access to my house. A part of the driveway is on a recorded easement. Another part runs across property B. This driveway existed for about 20 years.

The last survey, done a few years prior to the sale, was done by the owner who is a licensed surveyor. On that survey, the driveway is not marked at all. There is a 20' portion of a lot B marked for access and utilities, not even close to the driveway, undeveloped (slope, vegetation) and definitely not driveable. This 20' portion is on my deed, the "real" driveway is not.

At the time of closing, it appears that nobody (real estate agents, appraisor, Title co) noticed the access easement discrepancy. However, since there is "access easement" on a deed, my property is not technically landlocked so easement by necessity may be tricky, according to our county surveyor.

I would like to correct this, and I did ask owner of lot B to record the easement for the existing driveway. In case this turns out to be a challenge, what are my options?

If anyone has experience with a recorded access easement that does not match the used access, and resolutions, please share. The recorded access easement across lot B would cost a ton of money to develop into the road, and there is no reasonable path from the lot B property line at that easement end to my house/garage.

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u/Immediate-Living8773 — 4 days ago

Marking property line between two survey pins

Hi everybody,

I would like to mark my property line so I know if some trees are located on my side, neighbors, or are they boundary trees.

What I know:

I have survey pins at each end of this property line, the markings match the description in the deed.
The property line is a straght, no curves.
The length is about 300 feet.
My county GIS map has the property lines defined.

I can run the string between the two pins, but, the terrain is not perfect - there is a slope, some brush, and possibly 2 boundary trees in the way (brush can be trimmed, the trees are more of my concern).

How accurate is string marking, if the string has to go around the tree or two?

I can see the property lines on the county assessor's map, and use a measuring tool to measure the distance between the corners of the building and the property line. If I measure the same distance "in the field", would that measurement be valid?

There is some discrepancy between the county map and phone app (county map is about 2 feet off in my favor).

Out of curiosity, do surveyors have some special tools to mark the boundary where there is not a clear line of sight? Or is it some heavy math involved.

Thanks in advance for any ideas and suggestions

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u/Immediate-Living8773 — 10 days ago