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Oregon Revised Statutes

Or. Rev. Stat. § 105.170 (2026)

Definitions for ORS 105.170 to 105.185

✓ current as of May 2026
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      105.170 Definitions for ORS 105.170 to 105.185. For purposes of ORS 105.170 to 105.185:

      (1) “Easement” means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land.

      (2) “Holders of an interest in an easement” means those with a legal right to use the easement, including the owner of the land across which the easement passes if the owner of the land has the legal right to use the easement. [1989 c.660 §1; 1991 c.49 §1]

Notes of Decisions
Cited in 11 cases, 1997–2020 · leading case: Burke v. State, 290 P.3d 790 (Or. 2012).
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Burke v. State, 290 P.3d 790 (Or. 2012). · cites it 2× “170(1) ("'Easement' means a nonpossessory interest in the 6 land of another which entitles the holders of an interest in the easement to a private right 7 of way, embodying the right to pass across another's land.”
Wels v. Hippe, 385 P.3d 1028 (Or. 2017). “)); see also ORS 105.170(1) (“Easement means a nonpossessory interest in the land of another which entitles the holders of an interest *577 in the easement to a private right of way.”
Bloomfield v. Weakland, 199 P.3d 318 (Or. Ct. App. 2008). “7 ORS 105.170 provides that an “ ‘[e]asement’ means a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land.”
Partney v. Russell, 469 P.3d 756 (Or. Ct. App. 2020). “Tuala Northwest, LLC, 274 Or App 833, 840 , 362 P3d 1179 (2015) (quoting ORS 105.170(1)); see also Bloomfield v. Weakland, 224 Or App 433, 445 , 199 P3d 318 (2008), rev den, 346 Or 115 (2009) (“An easement is a right in one person to do certain acts on land of another.”
Watson v. Banducci, 973 P.2d 395 (Or. Ct. App. 1999). “Accord ORS 105.170(1). Agateway road, by definition, is a road that is crossed by gates.”
7455 Inc. v. Tuala Nw., LLC, 362 P.3d 1179 (Or. Ct. App. 2015). “Before addressing the parties’ contentions, we pause to consider the exact nature of the prescriptive easement that plaintiff seeks to establish. As plaintiff correctly contends, an easement is a “nonpossessory interest in the land of another” which allows the holder of the…”
Gildow v. Smith, 957 P.2d 199 (Or. Ct. App. 1998). “Nothing in ORS 105.170 to 105.185 shall impose a maintenance obligation on the holder of an interest in an easement based on the maintenance provisions in an instrument creating the easement if such holder is not a party to such instrument, whether the instrument is recorded or…”
Uhl v. Krupsky, 294 P.3d 559 (Or. Ct. App. 2013). “ORS 105.170(1) defines an easement as “a nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land.”
Nice v. Priday, 945 P.2d 559 (Or. Ct. App. 1997). “” ORS 105.170(1). To obtain a prescriptive easement, a plaintiff must show use of the land as though it were an easement for ten years in an open and notorious manner that is continuous and adverse to the rights of the servient owner.”
Wels v. Hippe (Or. 2016). “)); see also ORS 105.170(1) (“Easement means a nonpossessory interest in the land of another which entitles the holders of an interest Cite as 360 Or 569 (2016) 577 in the easement to a private right of way.”
Stimson Lumber Co. v. United States (Fed. Cl. 2020). “1954); see also Or. Rev. Stat. § 105.170 (1) (defining an easement as a “nonpossessory interest in the land of another which entitles the holders of an interest in the easement to a private right of way, embodying the right to pass across another’s land”).”
— Or. Rev. Stat. § 105.170(1) — 8 cases
Burke v. State, 290 P.3d 790 (Or. 2012). “170(1) ("'Easement' means a nonpossessory interest in the 6 land of another which entitles the holders of an interest in the easement to a private right 7 of way, embodying the right to pass across another's land.”
Wels v. Hippe, 385 P.3d 1028 (Or. 2017). “)); see also ORS 105.170(1) (“Easement means a nonpossessory interest in the land of another which entitles the holders of an interest *577 in the easement to a private right of way.”
Partney v. Russell, 469 P.3d 756 (Or. Ct. App. 2020). “Tuala Northwest, LLC, 274 Or App 833, 840 , 362 P3d 1179 (2015) (quoting ORS 105.170(1)); see also Bloomfield v. Weakland, 224 Or App 433, 445 , 199 P3d 318 (2008), rev den, 346 Or 115 (2009) (“An easement is a right in one person to do certain acts on land of another.”
Watson v. Banducci, 973 P.2d 395 (Or. Ct. App. 1999). “Accord ORS 105.170(1). Agateway road, by definition, is a road that is crossed by gates.”
7455 Inc. v. Tuala Nw., LLC, 362 P.3d 1179 (Or. Ct. App. 2015). “Before addressing the parties’ contentions, we pause to consider the exact nature of the prescriptive easement that plaintiff seeks to establish. As plaintiff correctly contends, an easement is a “nonpossessory interest in the land of another” which allows the holder of the…”
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