Quasi Easement Requirements Oregon

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Summary

A quasi-easement in Oregon refers to a use one part of a property has over another when both are owned by the same person. For an appurtenant easement to occur, the easement must benefit the property, the properties must be adjacent, the use must be necessary and continuous, and the use must have been apparent at the time of the property division. The merger doctrine can extinguish an easement if the same person gains ownership of both the dominant and servient estates. Consult a local attorney for specific advice.

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When two separate adjacent properties owned by the same person are divided what certain requirements are there an appurtenant easement?
In Oregon, for an appurtenant easement to occur, the following requirements generally need to be met:
- The easement must benefit the property, not the person.
- The properties must be adjacent.
- The use must be necessary and continuous.
- The use must have been apparent at the time of the property division.
Please consult a lawyer for specifics to your situation.
In the above reference of adjacent properties separated under one owner. Can merger doctrine extinguish prior use easement?
In general, the merger doctrine can extinguish an easement. If the same person gains ownership of both the dominant and servient estates, the easement may be terminated. However, this can depend on specifics of the case and state laws. Consulting a local attorney would be advisable for accurate advice.