Steve Bowers

But there are several different ways in which to proceed, so maybe we better look a little closer at the issue.

Access to your woodland property is an important issue for anyone who is actively managing his or her woodlands. Heck, it's the most important issue even if you're not actively working on your property. Whether you want to access your land to go hunting a few times a year or are constantly managing your land, you need documentation that states you have the right to access your property.

That documentation can come in several different forms, commonly called an easement. There are four basic types of easements and each one has its own characteristics that you need to match to your woodland objectives. The choices are between a permanent easement, a license (temporary) agreement, a reciprocal agreement or a gentleman's agreement. Time and space doesn't allow us to enter into all the niceties of each type of easement, but we can cover some of the basic components of these documents and the one that might best fit your needs.

Permanent Easement

A permanent easement provides access to a parcel of land in perpetuity. Most permanent easements are nonexclusive, that is, anyone at anytime has the right to travel over the area as described in the document.

If you have woodland property that will be passed on to your heirs, a permanent easement might be the best fit. With land ownership changing at an ever frequent pace, you don't want to leave your heirs to negotiate with a bunch of strangers that may not want you anywhere near their property. Because of the finality of the permanent easement, enter this agreement with careful consideration. Remember, once a permanent easement has been negotiated, there's no turning back.

All types of written easements have the name of the grantor and grantee and a legal description of the impacted. Easements that grant access to property should include the existing roadway, or if there is more than one roadway to reach your property, include the shortest and best route.

As with everything in life, there is a cost. For a permanent easement, this usually involves an up-front fee in addition to the maintenance and upkeep of the roadway.

Temporary Easement

The temporary or license agreement is a document that may be more familiar to woodland owners. There are three primary differences between temporary and permanent easements.

First, the license agreement is for a stated time of duration, and is often associated with a timber harvest. A request to access a parcel of property is made with the intent of performing a specific task over a specific time period.

Second, many of the temporary easements are exclusive documents (as opposed to the non-exclusive as with permanent easements). The grantor can set stipulations for who can enter the property and when they are allowed access. In the event of a timber harvest, the grantee may want only individuals associated with the job to gain access. Oftentimes, temporary easements involve dirt roads and access is denied in the event of inclement weather.

Third, license agreements involve a different method of calculating costs and may be determined on a production basis. In the event of a timber harvest, the grantee pays a specific amount for each ton, thousand board feet (MBF) or truckload of logs, and may be required to install culverts or improve the existing roadway. Costs vary widely. The Forest Service and Bureau of Land Management charge approximately $1.50/MBF per loaded mile. A grantee may request that a bridge be constructed or a load of rock provided for a specific number of truckloads of logs.

Reciprocal Agreement

Reciprocal agreements have many of the features of the permanent easement. This type of document usually involves two parties exchanging perpetual, non-exclusive easements and provides access to the other party's land. Oftentimes, there is not a dollar cost associated with the agreement, but a portion of the agreement will state that the roads be maintained in as good or better condition than existed prior to the agreement.

Gentleman's Agreement

The gentleman's agreement is the last easement discussed, and it should also be the last one you consider. This verbal agreement-notice we are not saying document-is strictly an informal arrangement between parties. Remember that this type of agreement has the legal value of the paper on which it is written: nothing. Gentleman's agreements have been with us for years and usually transpire between individuals with long family acquaintances. The assumption is that it is easier to reach a verbal agreement with an old friend or family member than to go through the time and expense of creating a written document.

Unfortunately, we live in a litigious society and an individual cannot depend on how the next generation or a new adjacent landowner will conduct their affairs. A woodland owner can't leave something as important as access to his or her property to the whims of someone else. A written document granting access to your property ranks right up there with notarized land titles and legal descriptions.

Other considerations

Other items to consider in any type of easement include:

1. The reservation of natural resources. The agreement allows for the ingress and egress across a designated piece of land-nothing else.

2. Insurance is an absolute for the grantee.

3. A statement explaining that the grantor has the right and authority to enter into the agreement and the land involved being free and clear of liens or claims of other parties.

We certainly didn't exhaust the sundry stipulations that go with different types of easements, but hopefully you've been made aware of the importance of possessing such a document.

Steve Bowers, Lane County's Extension forester, is a former gypo logger who still picks up a job or two when he's not doing his Extension work or managing his family tree farm, a 97-acre tract near Harrisville, Ore. He also doubles as Treeman, and you can read his column in each issue of Northwest Woodlands. He can be reached at 541-682-7311 or steve.bowers@orst.edu.