Ohio Easement or Right of Way for Access to Property
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How to fill out Easement Or Right Of Way For Access To Property?
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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.
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.
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.
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.
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.
Ohio recognizes different kinds of easements for different purposes. A prescriptive easement is gained through adverse possession, which occurs when a person uses land or property openly, continuously, and for a specified amount of time.