Prineville, OR asked in Real Estate Law for Oregon

Q: is an "easement reserved to SELLER" transferable to the sellers successors

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1 Lawyer Answer
John Christopher Minor
John Christopher Minor
Answered
  • Newport, OR
  • Licensed in Oregon

A: In general, if the nature of the easement is to provide a permanent benefit to/for other property owned by the Seller, the easement would be considered "appurtenant" to the other property, and the benefit of the easement would transfer with the transfer of title to the other property. That said, it would be necessary to review the document reserving the easement and to know the surrounding circumstances in order to address your specific easement issue.

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