What is the name of your state (only U.S. law)? Oregon
Hello
My wife and I are in the process of buying a 40 acre parcel of land in Oregon and there is a property to the North of us which has a deeded easement from 1975 that goes right through the middle of our property and front yard. We are planning to start a farm with livestock and would like to move the road to the edge of our property so that we don't have to worry about animals escaping or being hurt as well as people driving through the middle of our front yard.
Ultimately we are trying to see if we can move the easement and what type of easement do we need to create if we can move it. We've been told that a gravel road can cost upwards of $20,000. We were hoping to just clear a path, remove trees and stumps and create a dirt road that is passable?
Below is the deeded easement and a picture of our current situation.
XXXXXX does hereby grant, bargain, sell and convey assigns, that certain real property, with the tenements,
Hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Coos, state of
Oregon described as follows, to wit:
The NE quarter of the SW quarter of Section 28, Township 23 south, Range 14 West of the Willamette Meridian,
Coos County, Oregon, EXCEPT a parcel heretofore conveyed to xxxxxx et al in book 286, page 351, Deed records of Coos Country, Oregon described as follows: Beginning at a pipe post at the center of said section 28; thence North 88 37' West along the quarter section line 66 feet; thence South 1.6 feet to an iron rod post and continue the same course and additional 104 feet to an iron rod; thence East 66 feet to an iron rod post; thence continue the same course an additional 5.7 feet to the quarter section line; then North 3 10' West along the quarter section line 104.3 feet to the point of beginning. TOGETHER WITH the right of ingress and egress thereto over and across an existing roadway, together with the right to maintain, construct and reconstruct the same 30 feet in width, from a point on the south boundary of the above described parcel and extending Southerly to public road.
Subject To:
1. Rights of the public in streets, roads and highways
2. Easement, including the terms and provisions thereof as disclosed by contract of sale to xxxxxx recorded Jan. 28, 1975 bearing microfilm no. 109.320
To have and to hold the above described and granted premises unto the said grantees as tenants by the entirety, their heirs and assigns forever.
And the grantor hereby covenants to and with grantees and the heirs of the survivor and their assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances, except as set forth above, and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars is xxxxxx.
In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals.
Thank you
Ikan
Hello
My wife and I are in the process of buying a 40 acre parcel of land in Oregon and there is a property to the North of us which has a deeded easement from 1975 that goes right through the middle of our property and front yard. We are planning to start a farm with livestock and would like to move the road to the edge of our property so that we don't have to worry about animals escaping or being hurt as well as people driving through the middle of our front yard.
Ultimately we are trying to see if we can move the easement and what type of easement do we need to create if we can move it. We've been told that a gravel road can cost upwards of $20,000. We were hoping to just clear a path, remove trees and stumps and create a dirt road that is passable?
Below is the deeded easement and a picture of our current situation.
XXXXXX does hereby grant, bargain, sell and convey assigns, that certain real property, with the tenements,
Hereditaments and appurtenances thereunto belonging or appertaining, situated in the County of Coos, state of
Oregon described as follows, to wit:
The NE quarter of the SW quarter of Section 28, Township 23 south, Range 14 West of the Willamette Meridian,
Coos County, Oregon, EXCEPT a parcel heretofore conveyed to xxxxxx et al in book 286, page 351, Deed records of Coos Country, Oregon described as follows: Beginning at a pipe post at the center of said section 28; thence North 88 37' West along the quarter section line 66 feet; thence South 1.6 feet to an iron rod post and continue the same course and additional 104 feet to an iron rod; thence East 66 feet to an iron rod post; thence continue the same course an additional 5.7 feet to the quarter section line; then North 3 10' West along the quarter section line 104.3 feet to the point of beginning. TOGETHER WITH the right of ingress and egress thereto over and across an existing roadway, together with the right to maintain, construct and reconstruct the same 30 feet in width, from a point on the south boundary of the above described parcel and extending Southerly to public road.
Subject To:
1. Rights of the public in streets, roads and highways
2. Easement, including the terms and provisions thereof as disclosed by contract of sale to xxxxxx recorded Jan. 28, 1975 bearing microfilm no. 109.320
To have and to hold the above described and granted premises unto the said grantees as tenants by the entirety, their heirs and assigns forever.
And the grantor hereby covenants to and with grantees and the heirs of the survivor and their assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances, except as set forth above, and that grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims and demands of all persons whomsoever, except those claiming under the above described encumbrances.
The true and actual consideration paid for this transfer, stated in terms of dollars is xxxxxx.
In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals.
Thank you
Ikan
