Oregon Statutes 271.745 – Validity of conservation or highway scenic preservation easement
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A conservation easement or highway scenic preservation easement is valid even though:
Terms Used In Oregon Statutes 271.745
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) It is not appurtenant to an interest in real property;
(2) It can be or has been assigned to another holder;
(3) It is not of a character that has been recognized traditionally at common law;
(4) It imposes a negative burden;
(5) It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;
(6) The benefit does not touch or concern real property; or
(7) There is no privity of estate or of contract. [1983 c.642 § 4; 1985 c.160 § 4]
[1967 c.318 § 5; 1975 c.511 § 2; 1981 c.787 § 43; repealed by 1983 c.642 § 11]