AN ANTIQUE DEED

(Page 2 of 2)

August/September 1999
 
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Q. We have a recorded easement dating back to 1971 in which it states we have the rights, rights of way [and] easements of record—those apparent on the land and to a 60-foot-wide easement for joint user of roadway and for all other purposes on the boundary borders (as specified). Our question is: Does this include utilities, such as power? We could bring in power from the main highway approximately 500 feet away. If we need to include this in the easement, do we go to the clerk's office to do this?

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—C. Hudak, OR

A. Normally an easement must specifically state that it is for utilities in order to install them on the easement. If that language is included in your easement, you are home free. I did not read that language in your above question, but perhaps it is included in an unmentioned portion of the record. You may want to have an attorney check your easement description as the words "other purposes" may be interpreted to include utilities. If your easement does not provide for installation of utilities, only the landowner whose land the easement crosses can grant you the right to install them. If he or she does give you that right be sure to put it in writing and record it with your county auditor's or clerk's office.

Can You Own the Land and Not the Trees?

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