Category: Real Estate

Erica Menze and Dean Alterman will teach how to draft easements

Tomorrow Dean Alterman and Erica Menze will present a session on negotiating and drafting easement agreements at the annual conference of the Real Estate and Land Use Section of the Oregon State Bar. Here’s a sneak peek at one of our practice pointers: the passive voice is to be avoided. If you want to impose an obligation on a party, don’t say “the obligation shall be done”; say “Party X must perform the obligation.” For example, if you want the grantee to maintain a driveway, don’t say “the driveway will be maintained”; say “Grantee will maintain the driveway . . . ” and then add the specifics, such as ” . . . as a 12-foot wide all-weather gravel road, passable by cars and light trucks.” Another pointer: provide a legal description not just for the grantor’s tract and the grantee’s tract, but also for the easement area. Don’t encumber the grantor’s entire tract with the easement if the accessway will use only a small part of it.

Dean Alterman will be a panelist discussing build-to-suit leases

How do you write a lease for a building that isn’t there yet?  On September 28 Dean Alterman, together with Timothy Anderson of Troutman Sanders and George Bernhardt of Baker Hughes, will do a presentation on build-to-suit leases for the Real Property, Trusts and Estates Section of the American Bar Association, with Hannah Dowd McPhelin of Harris Enterprises moderating the panel discussion.  The presentation is free and open to members of the Section.

Dean Alterman to speak tomorrow on three types of easements

On June 14, Dean Alterman will present a Continuing Legal Education program tomorrow for the Solo and Small Firm Section of the Oregon State Bar on three types of easements: view easements, non-development easements (actually servitudes or covenants), and conservation easements.  These are the “You Can’t Do That!” easements.  Instead of giving the grantee permission to use the grantor’s property, the grantor is agreeing NOT to do something on the grantor’s property.   Do you want to protect your property’s view of Mount Hood?  Buy a view easement from the downhill neighbor.

Lawyers who draft view easements and non-development easements must produce agreements that satisfy their clients and are acceptable to the other party. Drafters of conservation easements must keep a third audience in mind: the Internal Revenue Service lists syndicated conservation easements among its Dirty Dozen tax scams.