An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
Ohio Contract or Agreement to Convey Easement for Driveway
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Multi-State
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US-00983BG
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Word;
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How to fill out Contract Or Agreement To Convey Easement For Driveway?
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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.
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.
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 also be acknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, a county engineer, notary public, or mayor.
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession. Termination by Estoppel when one party in good faith relies upon the representations bade my another to discontinue the use of an easement.