Easement/Land Partition

[mattdreeves]

Hello, I'm looking to purchase bare land in Oregon. The current owners own two adjoining tax lots, let's call them Lot 1 and Lot 2. I am only purchasing Lot 1, which is approved for a residence via a conditional use permit. Lot 2 is zoned exclusive farm use. There are easements recorded to allow the current owners access across several other properties. One of the easements states ". . . this easement is granted to serve only one residential use to each of the Grantees on lands described above, and shall not serve any other parcels in the lands of the Grantees created by subdivision, partition or other method under law. For purposes of this easement, the two parcels [what I'm calling Lot 1 and Lot 2] shall constitute the one single residential use as described above."

My question - the easement wording seems clear that after subdivision of the owners land, only one parcel will be allowed access via the easement. Is my assessment correct , and what can I do to fix this? Since only my land is approved for a residence, does that make me the "one residential use"? I'm not looking to block any access to Lot 2, just want to make sure I have access.

This easement was granted 20 years ago by a large lumber company, so I don't expect it's a simple task to amend the easement wording.

Thanks very much in advance.
Matt

 

[FlyingRon]

You need a lawyer. Almost certainly you'll want some sort of encumerence on lot #2 that would preclude them from attempting to use the easement. I would certainly NOT assume that the current zoning would preclude a residence ever being built there. Even the restrictive exclusive farm zoning doesn't preclude a residence to be occupied by a bona fide farmer.

 

[tranquility]

Land and easement issues get complex fast. An attorney is necessary to review the situation. Not just an attorney, but one who specializes in real estate.