Ohio General Easement for Utilities

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Multi-State
Control #:
US-EAS-34
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Description

A permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain, replace, and rework water lines, water pipe lines, water facilities, manholes, pump stations or other appurtenances thereunto required, over, across and/or under a certain parcel of real property.

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.

The Ohio General Easement for Utilities refers to a legal right granted to utility companies or public service providers to access and maintain their equipment or infrastructure on private properties in Ohio. This easement allows these entities to install, operate, repair, and maintain utility facilities necessary for providing essential services to the community. The Ohio Revised Code (ORC) outlines the general provisions, requirements, and procedures governing the establishment and maintenance of such easements. These easements typically grant utility companies a specific area of land on private properties, entitling them to enter for the purpose of establishing, expanding, or repairing utility infrastructure. Types of Ohio General Easement for Utilities may include: 1. Electric Easements: These easements are granted to electric utility companies to establish, maintain, and access power lines, poles, transformers, and other electrical equipment on private land. This easement ensures power distribution throughout the region and enables timely repairs in case of outages or damages. 2. Gas Easements: These easements are provided to gas utility companies to access private properties for laying and maintaining gas pipelines, meters, regulators, and related infrastructure. This allows for the safe and efficient delivery of natural gas to residential, commercial, and industrial consumers. 3. Water and Sewer Easements: Water and sewer utility companies are granted easements to install and service water supply lines, pumps, meters, valves, and wastewater/sewer systems. These easements enable uninterrupted access to clean water and efficient wastewater management, ensuring public health and environmental protection. 4. Telecommunication Easements: Telecommunication service providers, including phone, cable TV, and internet companies, may obtain easements to install and maintain communication lines, cables, fiber optic networks, and related equipment. These easements support reliable and high-speed connectivity across Ohio, facilitating effective communication for both residential and business purposes. In all cases, Ohio General Easements for Utilities require utility companies to adhere to specific regulations regarding the size of the easement area, easement duration, compensation for land use, property restoration obligations, liability, and dispute resolution mechanisms. Private property owners retain ownership and control of the land within the easement, with the utility company having limited rights solely for utility-related purposes. Overall, the Ohio General Easement for Utilities provides a legal framework for utility companies to access private properties for the essential infrastructure necessary to deliver reliable, efficient, and safe utility services to Ohioans.

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FAQ

When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

Consents and/or easements for any utility, access road, etc. will be limited to a maximum of 20 feet in width within the FirstEnergy rights-of-way unless provisions are defined in the easements, deeds, etc.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

A Utility Easement conveys a perpetual right to construct, maintain, readjust and relocate utilities outside regular roadway rights-of-way and includes the right of ingress and egress.

Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

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.

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The most common easement is a utility easement. A utility company needs to ... Please fill out the quick contact form below for a fast case consultation. We ... A Utility Easement conveys a perpetual right to construct, maintain, readjust and relocate utilities outside regular roadway rights-of-way and includes the ...Jan 13, 2023 — Completely fill out form #ENC 001- FirstEnergy Encroachment/Crossing Request. Provide a complete description of the project and GPS ... Feb 3, 2023 — The utility ownership information shall be shown on both the general notes of the construction plan and the Right of Way Legend Sheet of the ... Jul 1, 2021 — 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 ... Existing R/W, Property Records, Existing utility easements shall be shown and labeled. Etc.. ENCROACHMENTS. • Identify. Label. Track on the Summary of R/W ... If Grantor fails to maintain and diligently complete repairs to the Improvement, Grantee shall have the right, but no obligation whatsoever, to enter upon ... Ohio Law requires all parties to contact the OHIO UTILITIES PROTECTION SERVICE. Call 811 (or 1-800-362-2764) at least 48 hours before digging or excavating. ORC ... Oct 25, 2022 — Please fill out this field. Search Search ... Utility easements vary in size depending on the specific utilities running through the easement. This Easement grant is effective and binding upon the parties, their successors, assigns, lessees, licensees, heirs and legal representatives, and if any term ...

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Ohio General Easement for Utilities