This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
Ohio Easement - Shared Parking
State:
Multi-State
Control #:
US-00498
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Another doctrine, prescription (also called a prescriptive easement), allows you to use or access another's property without obtaining actual ownership. In considering the differences between these doctrines, it is important to determine whether you seek ownership of use/access to a certain property.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
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.
In order to acquire an easement by prescription, the court requires the claimant to demonstrate clear and convincing evidence of 1) open, 2) notorious, 3) adverse, and 4) continuous use by it or its predecessor of an easement over property owned by another for a period of 21 years or more.
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.
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.
