ORS 105.910
Requirements for easement creation by instrument; recordation


An instrument creating a wind energy easement shall include:


A legal description of the real property benefited and burdened by the easement;


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;


The restrictions placed upon vegetation, structures and other objects that would impair or obstruct the wind flow across and through the easement; and


The terms or conditions, if any, under which the easement may be changed or terminated.


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]

Last accessed
May. 15, 2020