Ohio Easement for Access to Property

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Multi-State
Control #:
US-00495
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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.

Ohio Easement for Access to Property serves as a legally binding agreement that allows individuals or entities to access a property owned by another party. In Ohio, easements for access to property are crucial for ensuring connectivity and allowing necessary passage to reach specific locations. This type of easement generally grants the right to enter, cross, or traverse another individual's land in Ohio for a particular purpose, such as transportation or utility installation. There are several types of Ohio Easements for Access to Property, each serving a distinct purpose and accommodating different needs. These include: 1. Private Easement: A private easement is established through a contractual agreement between two or more private parties. It grants access to one party over the property of another party. This type of easement might be necessary when neighboring properties are landlocked, meaning they have no direct access to a public road. 2. Public Easement: Public easements provide the right of access to the public for specific purposes. This type of easement typically involves roads, sidewalks, or trails that are owned and maintained by governmental entities such as a city or county. Public easements are crucial for ensuring public safety, facilitating transportation infrastructure, and enhancing connectivity within communities. 3. Easement by Necessity: An easement by necessity arises when a landlocked property has no alternate feasible means of access to the nearest public road. In such cases, a court might authorize an easement for the property owner to access their land via an existing adjacent property. 4. Utility Easement: Utility easements in Ohio grant utility companies the right to access a property for installing, operating, and maintaining utility lines, such as water, sewer, gas, or electricity. These easements ensure that necessary utility services can be delivered to properties, benefiting both property owners and the public. 5. Conservation Easement: Conservation easements are voluntary agreements between landowners and government agencies or nonprofit organizations. These easements restrict certain uses or development on a property to preserve its conservation value, natural resources, or historical significance. While not specifically for access purposes, conservation easements play a crucial role in protecting and maintaining Ohio's natural and cultural heritage. In Ohio, easements for access to property provide a legal framework for individuals, organizations, and communities to ensure appropriate access and connectivity. Whether it be private, public, by necessity, utility-related, or conservation-focused, these easements protect the rights of property owners while accommodating the needs of others who require access to their land.

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FAQ

Landlocked land is land that has no method of ingress or egress ? no way in or out other than to go over the land of another. In this situation, an easement by necessity may be created.

A party claiming land by adverse possession must prove that he or his predecessors had exclusive, continuous possession of the disputed land for at least 21 years and that the possession was open, notorious and adverse to the legal title holder.

The doctrine of adverse possession protects a person who has honestly entered and held possession in the belief that the land is their own, as well as one who knowingly appropriates the land of another for the specific purpose of acquiring title.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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.

Ohio law does not prohibit landlocked ? lacking access to a public road/street ? property. However, many counties and municipalities have regulations that prohibit the transfer or creation of landlocked real estate.

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Our experienced Ohio real estate attorney from Littlejohn Law explains different types of easements. Click here to learn more! Step 1 Meet with an attorney. ... Meet with an attorney. You will need to draft an easement agreement. It must follow all of your state's formalities for ...4 Apr 2017 — An easement can be created in writing by agreement between the parties which is recorded with the county recorder. However, there are other ... 30 Apr 2022 — The first type is fee simple title. The second type is an easement for highway purposes that conveys, in perpetuity, the right to construct and ... Add the Ohio easement for editing. Click on the New Document button above, then drag and drop the document to the upload area, import it from the cloud, or ... 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 ... The perpetual easement rights granted to Grantee in this Easement: (I) forever run with the land of the servient estate; and (II) are exclusive to all, except ... 1 Jul 2021 — The best way to determine whether there are easements on your land is to purchase a title exam from an attorney or title agency. A title ... An access easement conveys the right of ingress and egress to a tract of land to someone other than the Owner. Access easements shall be a minimum width of 30 ... Express easements can be found in deeds, in subdivision plans, or in the bylaws of a property association. Implied easements reflect current and prior use of ...

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Ohio Easement for Access to Property