(1) Subject to ORS 94.665, each owner of a lot has an easement through the common property:
(a) For access to the owner’s lot; and
(b) For use of the common property consistent with the declaration and the bylaws.
(2) Except as provided in the declaration, a declarant has an easement through the common property as may be necessary for discharging the declarant’s obligations or exercising any special declarant right.
(3) If an encroachment results from construction, reconstruction, repair, shifting, settlement or movement of any portion of the planned community, an easement for the encroachment exists to the extent that any lot or common property encroaches on any other lot or common property. An easement continues for maintaining the encroachment so long as the encroachment exists. Nothing in this section relieves an owner of liability in case of the owner’s willful misconduct or relieves a declarant or any other person of liability for failure to adhere to the plat of the planned community. [1981 c.782 §33]Section: Previous 94.716 94.719 94.720 94.723 94.725 94.728 94.730 94.733 94.740 94.745 94.750 94.755 94.760 94.765 94.770 Next
Last modified: August 7, 2008