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 Utilities
State:
Multi-State
Control #:
US-00500
Format:
Word;
Rich Text
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Description
This Easement for Utilities is from Grantor to Grantee for a permanent utility easement and right-of-way with the right to erect construct, install, lay and use, operate inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances that may be required, over, across and/or under a certain parcel of real property as described in the agreement. This agreement can be used in any state.
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FAQ
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.
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 examiner or attorney can search the public records associated with your property at the County's Recorder's Office and provide an exam that identifies if any easements exist.
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.
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.
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.
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.
A Utility Easement conveys a perpetual right to construct, maintain, readjust and relocate utilities outside regular roadway rights-of-way and includes the right of ingress and egress. All easements in a new subdivision are to be Utility Easements unless otherwise approved by the City.
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.
