Requirements for easement creation by instrument
- • recordation
(1) An instrument creating a wind energy easement shall include:
(a) A legal description of the real property benefited and burdened by the easement;
(b) A description of the dimensions of the easement sufficient to determine the horizontal space across and the vertical space above the burdened property that must remain unobstructed;
(c) The restrictions placed upon vegetation, structures and other objects that would impair or obstruct the wind flow across and through the easement; and
(d) The terms or conditions, if any, under which the easement may be changed or terminated.
(2) The instrument creating a wind energy easement shall be recordable under ORS 93.710 (Instruments or memoranda creating certain interests in realty). If recorded, the instrument shall be recorded as a transfer of the easement from the owner of the burdened property to the owner of the benefited property. [1981 c.590 §3]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.