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All About Easements: The Easement Appurtenant

An easement appurtenant gives a property owner a right of usage to portions of an adjoining property

By Jeff Sorg, OnlineEd Blog

(April 5, 2019)

(PORTLAND, Ore.) OnlineEd – An easement appurtenant gives a property owner a right of usage to portions of an adjoining property owned by another party. Stated another way, an easement appurtenant is an easement over one parcel that benefits another parcel of land. The property benefiting from the usage right to travel over the easement is called the dominant tenement, or dominant estate. It is called the dominant estate because it is the parcel of real property that has an easement over another piece of property – it dominates. The property that includes the physical easement, that is, the land over which the dominant tenement can travel, is called the servient tenement since it must serve the dominant estate by providing the easement for its use.

The term appurtenant means “attaching to.” An easement appurtenant, then, attaches to the estate and transfers with it unless expressly stated otherwise. More specifically, the easement attaches as a beneficial interest to the dominant estate, and as an encumbrance to the servient estate. Accordingly, the easement appurtenant becomes part of the dominant estate’s bundle of rights and an obligation or encumbrance of the servient estate.

Transfer. Easement appurtenant rights and obligations automatically transfer with the properties, either the dominant or servient estate, whether or not mentioned in the deed.

Non-exclusive use. Both the servient tenement and dominant tenement can use the easement, provided the servient’s usage does not unreasonably obstruct the dominant’s use.


The exhibit shows a conventional easement appurtenant. The driveway marked A belongs to Parcel #2. An easement appurtenant, marked B on the diagram, allows Parcel #3 to use #2’s driveway. Parcel #3 is the dominant tenement, and Parcel #2 is the servient tenement.

Easement by necessity. An easement by necessity is an easement appurtenant legally granted by a court to a property owner because of necessity. Usually, the necessary condition that precipitates the granting of the easement is the need to provide ingress and egress to a property. Ingress means a way to travel into the property, and egress means a way to travel out of the property. Since a property cannot be landlocked and must have access to a public thoroughfare, the court will grant an owner of a landlocked property an easement by necessity over an adjoining property that already has access to a thoroughfare. When this is the case, the landlocked party becomes the dominant tenement, and the land over which the easement is granted is called the servient tenement. In the exhibit, Parcel #1, which is landlocked, owns an easement by necessity, C, across Parcel #2.

Party wall easement. A party wall is a common wall shared by two separate structures along a property boundary. Party wall agreements generally provide for severalty ownership of half of the wall by each owner, or at least some fraction of the width of the wall. Ownership in severalty means individual ownership; ownership is “severed” from all others. Also, the agreement grants a negative easement appurtenant to each owner against the other owner’s wall. A negative easement gives each party the right to restrain or control the use of the other party’s use in some way, such as unlimited use of the wall or a destructive use that would jeopardize the adjacent property owner’s building. The party wall easement also establishes responsibilities and obligations for the maintenance and repair of the wall.

Other structures that are subject to party agreements are common fences, driveways, and walkways. Common means they are shared between the properties – they are of common or shared ownership and on the property line between the affected properties.

++ Remember: A negative easement appurtenant does not allow the owner of the dominant estate to cross over the servient estate. Instead, the dominant estate has the right to restrict some activity or use of the servient estate.

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A negative easement appurtenant does not allow the owner of the dominant estate to cross over the servient estate. Instead, the dominant estate has the right to restrict some activity or use of the servient estate. Example: Developer Jovan purchased a tract of land abutting Oceanfront Lake and divided it into two parcels. Lot A is on the shoreline, and Lot B is farther back from the shore. Lot B has a good view of the lake because it is situated on higher ground that overlooks Lot A, but it is located behind Lot A and could be lost if Lot A builds a two-story house. Because Jovan wants the best price for each parcel, the view of the lake from Lot B is protected by adding a deed restriction in Lot A’s deed to limit any structure built on Lot A to a single story.

In the example above, the owner of Lot B is the owner of a negative easement appurtenant. The dominant estate, Lot B, can prohibit specific activity on Lot A, the servient estate, that could block or restrict the view of the lake. In this situation, Lot B’s owner does not have an affirmative easement appurtenant and cannot cross over the land of Lot A to reach the lake, since only the view is protected. Though not applicable to the above example, it is possible to have both an affirmative and negative easement at the same time. If an easement was created for access to the lake and to limit the height of any structure, then the owner of Lot B would have both negative and affirmative easements.

Easements appurtenant are created in these ways:

By grant or reservation – An easement created by grant or reservation is created by the express written agreement of the landowner. This is most frequently done in the deed but can be done in a separate recorded instrument. When done by grant, the owner of a property gives to someone else the easement right. When done by reservation, the owner of the property retains an easement on land conveyed to another. For example, you sell your property but keep the right to travel over the sold parcel to walk to the ocean.

By intent or necessity – The right to ingress (entry) and egress (exit) is required by law. Any property that is landlocked, meaning it has no ingress and egress, has these rights. A landlocked landowner has a right to an easement to cross the land of another to reach a public right-of-way. This type of easement available to a landlocked owner is called an easement by necessity and is outlined in Oregon Revised Statutes, specifically ORS 376. The servient estate in the easement by necessity may be entitled to compensation for the easement.

By prescription – An easement by prescription is the use of the land of another that meets these requirements;

  • Open and notorious (obvious to anyone);
  • Actual, continuous (uninterrupted for the entire required period);
  • Adverse to the rights of the true property owner;
  • Hostile (in opposition to the claim of another, not “hostile” in the ordinary sense); and
  • Continuous for a statutorily defined period (10 years in Oregon).

An easement by prescription gives the dominant tenant the right of use of the property, not ownership of the property.

By implication – An easement by implication arises out of the conduct of the parties. This means it is an implied easement, not a written easement. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when “strictly” necessary. In contrast, the easement by implication can occur when “reasonably” necessary. For example, the right lot owners have in a subdivision to use a roadway on the approved subdivision plan without requiring a specific grant or easement to each new lot.

By condemnation – The government’s right to use the land of an owner is created by the exercise of the government’s right of eminent domain. Eminent domain includes not only the right of the government to obtain an ownership interest in the property of a private owner; it also provides for the right of the government to create a use easement over the land of a private property owner to benefit the government-owned land. For example, the US Bureau of Land Management uses its power of eminent domain to create an easement of right of way over private property to access government-owned, but landlocked forestland.

Easements appurtenant can be terminated by one of these ways:

  • Release of the easement by the dominant owner
  • Merging the dominant and servient lands into one tract
  • Abandonment of the easement by the dominant owner
  • The reason the easement was created no longer exists
  • Expiration of the time for which the easement was given

©OnlineEd; All rights reserved.

 

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OnlineEd blog postings are the opinion of the author and not intended as legal or other professional advice. Be sure to consult the appropriate party when professional advice is needed.

For more information about OnlineEd and their education for real estate brokers, principal brokers, property managers, and mortgage brokers, visit www.OnlineEd.com.

All information contained in this posting is deemed correct as of the date of publication, but is not guaranteed by the author and may have been obtained from third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared, or otherwise republished.

OnlineEd® is a registered Trademark

Do You Need an Oregon Real Estate License?

canstockphoto7389305 real estate license card  (Jeff Sorg, OnlineEd) –  Anyone who conducts professional real estate activity within the State of Oregon is required to have a real estate license. Oregon defines professional real estate activity as any of the following actions, when engaged in for another and for compensation or in the expectation or upon the promise of receiving or collecting compensation, by any person who:

  • sells, exchanges, purchases, rents or leases real estate;
  • offers to sell, exchange, purchase, rent or lease real estate;
  • negotiates, offers, attempts or agrees to negotiate the sale, exchange, purchase, rental or leasing of real estate;
  • lists, offers, attempts or agrees to list real estate for sale;
  • offers, attempts or agrees to perform or provide a competitive market analysis or letter opinion, to represent a taxpayer under ORS 305 or 309 or to give an opinion in any administrative or judicial proceeding regarding the value of real estate for taxation, except when the activity is performed by a state certified appraiser or state licensed appraiser;
  • auctions, offers, attempts or agrees to auction real estate;
  • buys, sells, offers to buy or sell or otherwise deals in options on real estate;
  • engages in management or rental real estate;
  • purports to be engaged in the business of buying, selling, exchanging, renting or leasing real estate;
  • assists or directs in the procuring of prospects, calculated to result in the sale, exchange, leasing or rental of real estate;
  • expect as otherwise provided in ORS 696 advises, counsels, consults or analyzes in connection with real estate values, sales or dispositions, including dispositions through eminent domain procedures;
  • advises, counsels, consults or analyzes in connection with the acquisition or sale of real estate by an entity if the purpose of the entity is investment in real estate; or
  • performs real estate marketing activity ad described in ORS 696.

While exemptions to licensing can be found in ORS 696.030, the Oregon Real Estate Agency will not say if an exemption applies to a certain situation. Anyone who thinks they might qualify for such an exemption should consult their attorney.

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This article was published on September 10, 2014. All information contained in this posting is deemed correct and current as of this date, but is not guaranteed by the author and may have been obtained by third-party sources. Due to the fluid nature of the subject matter, regulations, requirements and laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

For more information about OnlineEd and their education for real estate and mortgage brokers, visit www.OnlineEd.com.

Off-the-Shelf Mortgage Industry Policies and Procedures Templates Provide Affordable Solution

(OnlineEd – Portland, OR) – Mortgage education provider OnlineEd has developed industry standard policies and procedures templates to help mortgage companies comply with the Consumer Financial Protection Bureau (CFPB) requirement for mortgage companies to have written policies and procedures in place and reviewed by all of their employees. Their easy-to-use system allows for subscribers to upload their existing policies and procedures, to edit and personalize OnlineEd’s off-the-shelf templates, and also allows for integration of existing policies with the OnlineEd templates.  The system, which is part of OnlineEd’s cloud-based software service known as InlineEd, also allows managers to push out their policies and procedures through email notification to all employees, and records each employee’s acknowledgement that they read and understood the policies.  The InlineEd system allows for customization of such features as branding with company specific information and a company logo, built-in version control, and compliance reports.

“Developing and writing policies and procedures is costly and time consuming. It became evident that there was a real need to help mortgage companies sort out CFPB requirements and then come up with an affordable solution, especially for those companies who might not have a full-time compliance officer on staff”, said OnlineEd Chief Operating Officer Jeff Sorg.

InlineEd provides policies and procedures templates, education and compliance management tracking

Three templates are offered, each rigorously reviewed by industry professionals:

The templates can be purchased as a standalone product or bundled with OnlineEd’s InlineEd Learning Management System (LMS), which includes courses designed to meet CFPB core compliance training for employees and mortgage loan originators. InlineEd also provides the solution for being able to demonstrate to the CFPB that the company has a training program in place to educate their employees on consumer risk-reducing issues.

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For more information please visit www.InlineEd.com or contact Joseph Mikkelson at 1.866.519.9597.

This article was published on September 6, 2013. All information contained in this posting is deemed correct and current as of this date, but is not guaranteed by the author. Due to the fluid nature of the subject matter, regulations, requirements, laws, prices and all other information may or may not be correct in the future and should be verified if cited, shared or otherwise republished.

Oregon Contractor Continuing Education Offering

(OnlineEd – Portland, OR) If you need core continuing education credits to renew your Oregon contractor license (CCB license), CCB will be hosting the CCB Laws Regulations and Business Practices Core course series on June 13th at the CCB. Early registration is advised.

Registration Form:
http://ccbed.ccb.state.or.us/WebPDF/CCB/Publications/RCE_registration_form_6-13-13.pdf

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For more information about CCB offered classes, please contact Oregon CCB via their website: http://www.oregon.gov/CCB/Pages/index.aspx

For information about obtaining an Oregon contractor license, please visit the OnlineEd web site at: www.OnlineEd.com

Free List of Mortgage Abbreviations and Acronymns

(Jeff Sorg, OnlineEd) – Is your CAN-SPAM in compliance with your GENESYS or are they both in need of PEP? Don’t be confused by all the mortgage abbreviations and acronyms being tossed around today! OnlineEd has put together a list of the most commonly used mortgage industry abbreviations in this free PDF

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If you have questions or would like to learn more about OnlineEd®, please visit www.OnlineEd.com.

This article was published on May 30, 2013.  All information contained in this posting was current as of this date.  Due to the fluid nature of the subject matter, regulations, requirements, laws, prices and all other information may or may not be correct in the future and if cited, should be verified before use.

4 Oregon Real Estate Education Changes For 2013

(OnlineEd – Portland, OR) -Effective January 1, 2013 the Oregon Real Estate Agency implemented the following changes to real estate broker pre-licensing education, principal broker licensing education, property manager education, and real estate broker advanced practices education:

  1. Real Estate Broker Pre-License: Pre-license qualifying education courses taken after January 1, 2013 must have received a new approval from the Oregon Real Estate Agency. The OnlineEd® Oregon Real Estate Broker Pre-License Course is already compliant with these new rules and approved by the Oregon Real Estate Agency and the Association of Real Estate License Law Officials (ARELLO) to meet the 2013 requirements. Pre-license qualifying education is available from the OnlineEd® pre-license course catalog. Other changes recently implemented require the license candidate to make license application and pay the application fee in advance of being able to schedule a state licensing examination. The exam proctor is also responsible for fingerprinting and background check applications, which are completed during the applicant’s examination appointment. All fees paid to the exam proctor and OREA are nonrefundable.
  2. Property Manager Advanced Practices: All property managers must take the 27-hour Property Manager Advanced Practices course prior to the first active renewal of their license.  The OnlineEd® Property Manager Advanced Practices course is already compliant with the 2013 rule and approved by the Oregon Real Estate Agency. The course is found in our continuing education catalog.
  3. Real Estate Broker Advanced Practices: All real estate brokers must take the 27-hour Broker Advanced Practices course prior to the first active renewal of their license. The OnlineEd® Broker Advanced Practices course is compliant with the 2013 rule and approved by the Oregon Real Estate Agency. Broker Advanced Practices is found in our continuing education catalog. Law and Rule Required Course (“LARRC”) cannot be included in either Advance Practices course. Because licensees need 30 hours of approved education to renew, a LARRC course is still required. OnlineEd® offers LARRC free with both of the Advanced Practices courses.
  4. Principal Broker Qualifying Education, Brokerage Administration and Sales Supervision: Brokers who want to become a Principal Broker must complete a 40-hour Oregon Real Estate Agency approved Brokerage Administration and Sales Supervision course. As of January 1, 2013, this course was greatly expanded and more difficult than its predecessor. There is also a new and longer licensing exam for principal broker licensing.  The OnlineEd® Brokerage Administration and Sales Supervision (BASS) course is compliant with the January 1, 2013 requirements and approved by the Oregon Real Estate Agency. To assist in passing the licensing exam, the course comes with an exam prep module. Brokerage Administration and Sales Supervision is available in our continuing education catalog.

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 OnlineEd® is Oregon Real Estate Agency approved continuing education provider number 1038.  OnlineEd® is an Oregon licensed vocational school offering real estate, mortgage, contractor and insurance courses. OnlinEd is also the developer of InlineEd, a Compliance Management System solution for the mortgage industry.

For more information about OnlineEd®, please visit www.OnlineEd.com.

 

 

Continuing Education Reminder Sent to MLOs Who Have Not Yet Completed

(Official NMLS Newsletter) – This is a reminder that the SAFE Act requires individual mortgage loan originators (MLOs) to complete 8 hours of NMLS approved continuing education (CE) annually. In addition to meeting the minimum federal requirements, a number of states also have state-specific education requirements that must be met. For details see State CE Requirement Chart.

A majority of state regulators will prevent an MLO from submitting an application for licensure renewal if they have not completed CE. Since it may take as long as 7 days for a course provider to report a course completion into NMLS, MLOs are strongly advised not to wait until a state agency’s deadline to try to complete CE or they may be prevented from submitting for renewal on time.

CE Deadlines

It takes 24 hours for a course completion to be recognized in NMLS and for the system to recognize you are eligible for renewal.

Smart Deadline:  Course(s) reported to NMLS by Thurs, Dec 21
At Risk to Miss Renewal: Course(s) reported to NMLS by Fri, Dec 28
Guaranteed to Miss Renewal: Course(s) reported to NMLS Mon, Dec 31

The last day for technical or customer service support for on-time CE reporting is Friday, December 28.

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Where to Get CE

NMLS education is available from www.OnlineEd.com. OnlineEd is NMLS provider number 1400327.

OnlineEd Compliance Management and Training System for Mortgage Lenders

OnlineEd

(OnlineEd, InlineEd) – The InlineEd system is an easy to use compliance management system developed for the mortgage industry to help it comply with Anti-Money Laundering,  Suspicious Activities Reports, Bank Secrecy Act, and continuing education or education for new employees. InlineEd, which is developed and operated by OnlineEd, is specifically for residential mortgage loan originators and lenders. It can help your company to:

● Train company personnel;
● Track and retain training records;
● Manage policies and procedures documents; and
● Make policies and procedures available to employees.

InlineEd Features 

Compliance Engine – This central system lets you define what training employees need to take and produce reports on who has completed the training. The flexible system allows you create requirements that must be met in certain time frames; either once (like new-employee training)
or at regular intervals (like continuing education). You can easily assign training to entire departments of your company in just a few clicks..
Policies & Procedures – You can upload your policy and procedures documents in any format and make them available to employees. Our simple file upload is online, cloud-based, versioncontrolled, author-controlled, and has redundant backups for security. It’s also indexed so that
you can search for key terms.
Learning Management System – InlineEd features OnlineEd’s seasoned learning management system. Designed to meet a variety of regulator agency requirements, it can handle any configuration of written material, video, audio, quizzes, polls, questions, and bulletin-board style discussions.
● Course Development Services – We understand you don’t want to spend your valuable time learning how to use software just to get your company training online. That’s why we do it for you! We can take your material and transform it into an online course or you can simply use the
courses we already have developed to meet important industry standards.

About OnlineEd®

OnlineEd, Inc. has been offering online vocational training since 1998. Years of developing and maintaining online learning management software for the mortgage and real estate markets has given us an edge in developing compliance training and tracking products designed specifically for the mortgage industry. We fully understand the nature of the mortgage industry is change and remain committed to maintaining and updating the system with new and exciting features. We are also interested in your input. If you have special needs or feature requests, we are happy to
work with you to make InlineEd your company’s compliance management system.

To learn more about InlineEd, please visit www.InlineEd.com or give OnlineEd a call at 866.519.9597. To learn more about OnlineEd, please visit www.OnlineEd.com.

It’s Time For Mortgage Loan Originators to Start Their Annual NMLS Continuing Education

(OnlineEd) – Every state-licensed mortgage loan originator (“MLO”) in any approved status is to complete at least 8 hours of NMLS approved license renewal education as part of their license renewal requirements.  This annual continuing education must include 3 hours of Federal law, 2 hours of ethics, which includes fraud, consumer protection, and fair lending issues, and 2 hours of non-traditional mortgage lending, plus one additional hour of elective courses. In addition to the 8-hours of education, some  states have an additional state-specific course requirement. To find out the requirements for each state, please visit the NMLS State-Specific Education Requirements (July 9, 2012).

Because of a successive years rule, MLOs are not to take the same CE course two years in a row, but can take from the same provider two or more years in a row.  The provider’s NMLS ID number for the course indicates whether a course is a duplicate course. If a course has a NMLS ID number different from the course completed in the prior year, the course is not the same as the year prior and it will satisfy the requirements of the NMLS. At OnlineEd® (www.OnlineEd.com), the NMLS approved education course package is brand new and can be used by the thousands of licensees who used their courses last year.

The annual deadline to complete license renewal continuing education is December 31, 2012. However, NMLS gives course providers seven days to report a course completion into NMLS. Because of this seven days to report rule, MLO’s should not wait until the last minute to  complete CE or they may be prevented from submitting for renewal on time. The renewal is submitted when the provider uploads the licensee’s completion to the NMLS, not the actual date the course is completed by the licensee.  The team at OnlineEd® is usually able to upload NMLS course completions not later than the next business day from the licensees completion of their courses and, in most cases, they will even upload the same business day. Because the NMLS does not process course completions on weekends or holidays, the final date providers can upload completions this year is Friday, December 28th. MLOs are encouraged to complete all their educational requirements not later than December 21st.

To learn more about the OnlineEd® NMLS approved courses, please visit their web site.

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 OnlineEd® is NMLS approved under provider number 1400327.

OnlineEd® is a licensed vocational school offering real estate broker, mortgage broker, and insurance licensing courses.

For more information about OnlineEd®, please visit www.OnlineEd.com or contact Paul Cleary at 866.519.9597

Washington’s MLO Renewal Deadline Approaches with One-half MLOs Yet to Renew

(OnlineEd – Portland, OR) While MLS renewal requests can be submitted until December 31, 2011, Washington is just two weeks away from the December 15, 2011 deadline for having the renewal application reviewed before December 31st.  MLOs who haven’t renewed their Washington license need to get the process started.  Here are some critical renewal reminders:

  • Mortgage Loan Originators (MLOs) are eligible to renew only after the required Continuing Education is completed and posted on the individual’s NMLS record by their education provider.
  • Consumer Loan and Mortgage Broker licensees must be current on all Mortgage Call Report (MCR) filings in order to renew.
  • Consumer Loan and Mortgage Broker licensees should renew early because sponsored MLOs will not be renewed until the company is renewed.

Over one-half of all Washington licensed MLOs have yet to renew their licenses. As of November 30:

  • 67% of Consumer Loan Companies are renewed.  This represents 267 companies.
  • 35% of Mortgage Broker Companies are renewed.  This represents 129 companies.
  • 47% of Mortgage Loan Originator licensees are renewed.  This represents 3,690 individuals.
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OnlineEd is NMLS approved education provider No. 1400327
For more about OnlineEd, please visit www.OnlineEd.com