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. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Ohio Sample Letter for Request to Formalize Easement
Category:
State:
Multi-State
Control #:
US-0840LTR
Format:
Word;
Rich Text
Instant download
Description
This form is a sample letter in Word format covering the subject matter of the title of the form.
Form popularity
FAQ
Adverse possession is a legal doctrine in Ohio that gives a squatter or trespasser the right to obtain lawful possession of the land they care for ? even if it is under someone else's ownership.
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.
The grantor is the property owner that gives the easement, and the grantee is the other person that receives the benefit of the easement. However, the grantee of an easement is not given all of the property rights tied to the land, and therefore, an easement does not amount to full ownership.
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.
In all other cases, a utility easement shall be a minimum width of 30 feet or as approved by the City and every effort shall be made to establish the easement in relation to a recoverable line (i.e. parallel or centered about a property line).
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
