This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.
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 Avigation and Hazard Easement
State:
Multi-State
Control #:
US-EAS-4
Format:
Word;
Rich Text
Instant download
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FAQ
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.
An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.
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.
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.
If there's an easement agreement, then an easement can terminate either by expiring based on the intent of the parties as indicated in the agreement or by being extinguished by the course of events subsequent to its creation, including a change in the conditions surrounding the use of an easement.
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.