Ohio General Form for Deed Granting Easement

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Multi-State
Control #:
US-01176BG
Format:
Word; 
Rich Text
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Description

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. 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. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

1. An Ohio general warranty deed is a deed form under which the real estate's current owner?the grantor?transfers real estate to a new owner?the grantee?with complete warranty of title. 2. Warranty of title is a guaranty that the current owner owns the property free of any undisclosed title defects.

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. J.F.

A special warranty deed guarantees two things: The grantor owns, and can sell, the property; and the property incurred no encumbrances during his ownership. A special warranty deed is more limited than the more common general warranty deed, which covers the entire history of the property.

A warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). This is in contrast to a quitclaim deed, where the seller does not guarantee that he or she holds perfect title to a piece of real estate.

A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.

A general warranty deed is a legal agreement that protects a property buyer from any debts held against the property they're purchasing. If such a debt emerges after the sale, the seller, not the buyer, is financially responsible for that debt.

An attorney licensed to practice law in Ohio must prepare deeds, powers of attorney, and other instruments that are to be recorded. One exception is that a party to the transaction may prepare an instrument in which they are a party.

If you want to obtain a copy of the deed to your home, contact your local county recorder. In Ohio, county recorders are responsible for maintaining land records and making them accessible to the public. The Ohio Revised Code establishes fees recorders may charge for various services.

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Ohio General Form for Deed Granting Easement