Ohio Sewer Easement

State:
Multi-State
Control #:
US-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer improvements.

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.
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FAQ

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.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

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.

The Bullet Point: In Ohio, a prescriptive easement is the acquisition of an easement, over the property owned by another, through adverse use of that property. Prescriptive easements are not favored in Ohio, as such easements deprive the legal property owner of rights to their land without compensation.

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.

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.

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Ohio Sewer Easement