Ohio Easement for Highway and Utility Purposes

State:
Ohio
Control #:
OH-EAS-3
Format:
Word; 
Rich Text
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Description

This Easement For Highway and Utility Purposes is a perpetual easement and right of way for public road maintenance, and operation, construction, reconstruction, removal, maintenance, and operation of roads, curbs, ditches, sidewalks, water mains, storm and sanitary sewers, culverts, street lights, traffic control devices, including all appurtenances and public utilities including gas, telephone, electric, and cable television facilities, clear of all obstructions which interfere with the improvement and/or maintenance of the above items, in, upon, and over the lands described.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.

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FAQ

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

An easement in gross is personal to the party that receives the benefit of easement. An example of an easement in gross is an easement to a utility company to run a power line across a burdened piece of property. The utility company is the benefited party and there isn't necessarily a benefited parcel of land.

An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.

Action can be taken against if you interfere with their right to access the easement for example you can't lock or fence them out of the easement land, nor build over the easement land.

Utility easements are one of the most common types of easements for private property, which generally allow public utility companies access to the property for the purpose of installing, repairing and maintaining utility lines.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

1. Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered. For example, a public utility line easement would be an easement in gross and would be recorded in the public records.

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Ohio Easement for Highway and Utility Purposes