Ohio Property Easement Laws
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FAQ
When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it.
When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it.
Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.
An easement deed is a real property instrument which must be signed by the grantor in order to be recorded. The grantor's signature should be original and must also be acknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, a county engineer, notary public, or mayor.
An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession. Termination by Estoppel when one party in good faith relies upon the representations bade my another to discontinue the use of an easement.