Title 105 · ORS Chapter 105

105.910, �wind energy easement� means any easement, covenant or condition designed to insure the undisturbed flow of wind across the real property of another. [1981 c.590 �1] ����� 105.905 Wind en

Citation: ORS 105.910

Section: 105.910

105.910, �wind energy easement� means any easement, covenant or condition designed to insure the undisturbed flow of wind across the real property of another. [1981 c.590 �1]

����� 105.905 Wind energy easement appurtenant; termination. (1) A wind energy easement shall be appurtenant to and run with the real property benefited and burdened by the easement.

����� (2) A wind energy easement shall terminate:

����� (a) Upon occurrence of the conditions stated in the creating instrument;

����� (b) By judgment of a court based upon abandonment or changed conditions; or

����� (c) At any time by agreement of all the owners of the benefited and burdened property. [1981 c.590 �2; 2003 c.576 �371]

����� 105.910 Requirements for easement creation by instrument; recordation. (1) An instrument creating a wind energy easement shall include:

����� (a) A legal description of the real property benefited and burdened by the easement;

����� (b) 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;

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

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

����� (2) The instrument creating a wind energy easement shall be recordable under ORS