Summary
The Severance Doctrine in Oregon law pertains to the division of property. It states that if joint tenants significantly alter their interest in a property, it can terminate the joint tenancy and create a tenancy in common. In Oregon, the right to use a shared driveway after foreclosure depends on whether an easement was established and recorded. If the easement was recorded after the notice to default for foreclosure, it might not be recognized. Easements can be established by express grant, prescription, implication, or necessity. A later recorded grant might not trump a notice of default for foreclosure. Extinguishment of a recorded easement might affect access rights, depending on the terms and local laws. Consult a local real estate attorney for specific advice.Full Conversation
Two separate adjoining properties share one existing practical access. Then foreclosure sale of one property occurs separating ownership. Does the existing physical practical shared driveway access USE RIGHT still exist or extinguish?
In Oregon, the right to use a shared driveway could possibly exist after foreclosure, depending on:
- Whether an easement was established.
- Whether the easement was recorded.
- The specific terms of the foreclosure.
For more accuracy, consult with a local real estate attorney.
What if the easement was recorded after the notice to default for foreclosure?
In Oregon, if the easement was recorded after the notice to default for foreclosure, it might not be recognized. It depends on:
- Timing of the recording.
- Foreclosure terms.
- Local laws.
Consult a local real estate attorney for specifics.
What establishes the creation of an easement? The prior historical shared use of the only existing driveway access or a recorded instrument document after previous physical use of the access between two adjacent properties?
In Oregon, an easement can be established by:
- Express Grant or Reservation: A written document stating the easement.
- Prescription: Continuous, open, and notorious use for a *-year period.
- Implication: The use is necessary and apparent, and the land was in common ownership at some point.
- Necessity: No other access to the property exists.
Consult a local real estate attorney for your specific situation.
Does a notice of default for foreclosure Trump a later recorded Grant for reservation in severance of two previously owned adjacent properties shared existing physical driveway access to public road?
In Oregon, a later recorded grant might not trump a notice of default for foreclosure. It depends on:
- When the grant was recorded
- Terms of the foreclosure
Consult a local real estate attorney for your specific case.
Can a notice of default extinguish a recorded easement in reservation before the actual foreclosure sale date?
In Oregon, a notice of default might not necessarily extinguish a recorded easement. The key factors would be:
- Timing of easement recording
- Terms of foreclosure
- Local laws
For a precise answer, consultation with a local real estate attorney is recommended.
Does extinguishment of an recorded easement, change or stop, prevent access use of existing shared access use rights driveway from dominant adjacent properties?
In Oregon, extinguishment of a recorded easement *might* affect access rights. However, it depends on:
- The terms of the easement
- The means of extinguishment
- Any alternate access points
For a tailored answer, consult a local real estate attorney.
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