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A Utility right-of-way is an easement granted to The City, by a property owner, which gives utility providers a place to put their infrastructure both above and below ground.
Easements can be positive or negative. A common example of a positive easement is a right of way a dominant owner might enjoy over servient land. A negative easement might be a right to receive light or support from the servient land.
The most common type of easement, a utility easement allows a utility company to run its pipes, lines, etc., under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.
How Might Utility Easements Affect My Property Ownership Rights? The most common kind of easement is one that has been given in writing to a utility company or a city or municipality.
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.