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Landlocked land is land that has no method of ingress or egress ? no way in or out other than to go over the land of another. In this situation, an easement by necessity may be created.
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.
Section 5571.02 | Control and maintenance of township roads. The board of township trustees, with the approval of the board of county commissioners or the director of transportation, may maintain or repair a county road, or intercounty highway, or state highway within the limits of its township.
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.
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.
Right of way can be created through a variety of means such as: A road right of way created by a County as a County/Township road and later transferred to the State or other public entity. The acquisition of easement/deeds which are signed by a grantor, and which often are on file at the County Recorder's office.