Ohio Grant of Encroachment
What this document covers
The Grant of Encroachment is a legal document that allows the owner of a parcel of land to authorize the encroachment of an easement for the purpose of constructing a specific structure. This form defines the conditions under which the encroachment can occur and is crucial for ensuring that both parties understand their rights and responsibilities. Unlike other forms related to property use, this document specifically addresses the nuances of easement encroachment, making it vital for property owners engaged in development projects within an easement area.
Key components of this form
- Grantor and Grantee identification: Names and addresses of both parties involved.
- Description of the property: Location details, including section, township, and county information.
- Easement details: References to the easement and conditions under which encroachment is permitted.
- Building specifications: Maximum height and any other relevant construction guidelines.
- Liability waiver: Statement regarding the assumption of risks associated with the encroachment.
- Notary acknowledgment: Confirmation of the signing parties before a notary public.
Common use cases
This form is particularly useful in scenarios where a property owner wishes to build a structure that extends into an easement area owned by another party. It is commonly used in residential and commercial property developments where easement rights may impact construction plans. Use this form to formalize the agreement and provide clear guidelines for both the grantor and grantee, ensuring legal protection and minimizing disputes.
Who needs this form
- Property owners (grantors) who wish to allow an encroachment on their easement.
- Individuals or entities (grantees) planning to construct on or near an easement.
- Developers and builders who need to clarify rights related to easement encroachments.
- Real estate attorneys seeking to provide thorough documentation and protections for clients.
Instructions for completing this form
- Identify the parties involved by entering the names and addresses of the grantor and grantee.
- Specify the property details, including section, township, county, and legal description.
- Detail the acceptable conditions for the encroachment, including maximum height regulations.
- Include a statement regarding liability assumptions pertaining to the encroachment.
- Sign the document and have it notarized to ensure legal validity.
Is notarization required?
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
Get your form ready online
Our built-in tools help you complete, sign, share, and store your documents in one place.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to accurately describe the property, leading to ambiguity in the encroachment area.
- Omitting signatures or notarization, which may nullify the document's legality.
- Not specifying the conditions of use clearly, risking misunderstandings between parties.
Why use this form online
- Immediate access to the latest legal templates prepared by licensed attorneys.
- Convenience of downloading in formats that suit your needsâWord or Rich Text.
- Time-saving: Complete the form at your own pace without the need for an in-person visit.
Looking for another form?
Form popularity
FAQ
If you know where the boundary is and you don't need to follow the process for party walls, the best approach is to talk to your neighbour. Talk to them face to face if you can - make a note of what you agreed. If you don't feel comfortable speaking to them, write to them or ask someone to contact them for you.
A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.
If the encroachment is found during the sale of a home, the seller may be able to work with whomever it is that owns the land where the encroachment is located and either have the encroachment removed or resolve any issues to be sure the title is clear at the time of closing.
Can I Collect Damages for an Encroachment on My Land? Since an encroachment is seen as an invasion of a person's property rights, that person may be able to recover a damages award for any harm that was suffered due to the offending encroachment.
Legal approach: One can always take the legal route to get an injunction order or eviction notice from the court to do away with the illicit possession of your property. Out of court settlement: Legal assistance is not only expensive but also time taking.
A neighbor will not own the part of a structure that encroaches on their land. Instead, the encroachment will be viewed as an act of trespass. Also, although the neighbor will be able to sue that person for trespass, they will not automatically gain legal title to the portion of the building that is now on their land.
Negotiate directly with the neighbour to achieve a settlement of the dispute that has arisen; or. Agree with the neighbour to enter into a form of Alternative Dispute Resolution (ADR), and in the present conundrum I would recommend Mediation; or.
A Land Survey Works Wonders for Boundary Disputes. If you feel like your neighbor has or is developing on top of your land, you may want to get a professional land survey. Talk it Over and Offer Concessions. Bring on a Neutral Third Party. Hire a Qualified Estate Attorney.
