Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
An Ohio Grant of Easement for Light and Air is a legal agreement granting certain rights and restrictions pertaining to light and air access for a specific property. This easement is crucial to safeguarding a property owner's rights by ensuring unobstructed access to natural light and fresh air. It may be necessary in situations where neighboring properties or developments could potentially block these vital elements. In Ohio, there are two primary types of Grant of Easement for Light and Air: 1. Affirmative Easement for Light and Air: This type of easement grants the property owner legal permission to receive and enjoy a specific amount of light and air without the obstruction caused by neighboring buildings or structures. It ensures that any future development near the property will not hinder the availability of natural light and fresh air. 2. Negative Easement for Light and Air: Unlike an affirmative easement, a negative easement for light and air imposes restrictions on certain activities or construction that could block or impair light and air access to the property. This type of easement prevents neighboring property owners from constructing buildings, trees, or any other structures that could obstruct the passage of light and air. When drafting an Ohio Grant of Easement for Light and Air, several essential elements should be included: 1. Identification: The document must clearly identify the involved parties, including the granter (property owner granting the easement) and the grantee (who will benefit from the easement rights). 2. Property Description: The easement should provide an accurate and detailed description of the property to which the easement applies. This includes boundaries, physical features, and any relevant measurements. 3. Easement Scope: The document should specify the specific rights or restrictions being granted. For affirmative easements, it may mention that the grantee has the right to unobstructed access to light and air. Negative easements, on the other hand, may outline the limitations on construction by neighboring properties. 4. Duration: It is vital to specify the duration of the easement, whether it is perpetual or limited to a certain period. Parties involved may also agree to revisit the terms and renew or modify the easement after a specific time. 5. Legal Language: To ensure the document is legally binding, appropriate legal language must be used, conforming to Ohio state regulations and statutes. 6. Signatures: The Grant of Easement for Light and Air must be signed by both the granter and the grantee. Additionally, it is advisable to have the document notarized to add an extra layer of authenticity. Taking the necessary steps to establish an Ohio Grant of Easement for Light and Air ensures that property owners can protect their access to natural light and fresh air, safeguarding their quality of life and property value.
