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Old 12-17-2017, 12:17 PM
 
2 posts, read 1,500 times
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My mom has commercial property, she also has a house on it, in Southern Oregon, my dad had granted the next door business a driveway easement many years ago. My mom would like to sell the property (commercial) but any developer would probably build a store or something on it eliminating the easement. Does this easement lower the value or cause a nightmare problem?
Thanks
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Old 12-17-2017, 03:31 PM
 
991 posts, read 1,519,822 times
Reputation: 1618
Quote:
Originally Posted by Donaldv View Post
My mom has commercial property, she also has a house on it, in Southern Oregon, my dad had granted the next door business a driveway easement many years ago. My mom would like to sell the property (commercial) but any developer would probably build a store or something on it eliminating the easement. Does this easement lower the value or cause a nightmare problem?
Thanks
Go over to the Real Estate forum, there are some super helpful people there.
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Old 12-17-2017, 06:37 PM
 
Location: Myrtle Creek, Oregon
15,293 posts, read 17,678,616 times
Reputation: 25236
No, it's no problem. The easement will be there forever, and any new owner will have to honor it. It will show up on any title search, so the buyer will know it's there.
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Old 12-17-2017, 07:35 PM
 
Location: North Idaho
32,638 posts, read 48,015,234 times
Reputation: 78406
The easement can't be removed unless all parties involved agree to it.

Unless what you are talking about is a revokable permission to pass that isn't a permanent recorded easement.
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Old 12-17-2017, 08:08 PM
 
Location: We_tside PNW (Columbia Gorge) / CO / SA TX / Thailand
34,705 posts, read 58,031,425 times
Reputation: 46172
Easement generally lowers your property value / restricted use.

It should be recorded 'against' the grantor property, and follow for perpetuity (or you can offer to Buy it Back! from whomever it was granted (This is common too))

Then there will be a recorded document freeing your property from the restrictions of the previously granted easement.
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Old 12-18-2017, 07:43 AM
 
Location: Oregon Coast
15,419 posts, read 9,069,314 times
Reputation: 20391
Quote:
Originally Posted by Donaldv View Post
My mom has commercial property, she also has a house on it, in Southern Oregon, my dad had granted the next door business a driveway easement many years ago. My mom would like to sell the property (commercial) but any developer would probably build a store or something on it eliminating the easement. Does this easement lower the value or cause a nightmare problem?
Thanks
Maybe this will help.

THE LAW OF IMPLIED EASEMENTS IN OREGON _ Oregon Lawyer Online
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Old 01-01-2018, 09:34 AM
 
2 posts, read 1,500 times
Reputation: 10
Thank you everyone
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