Ohio Release of Easement (Electric Powerline)
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How to fill out Release Of Easement (Electric Powerline)?
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FAQ
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.
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.
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.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
A safe working distance depends on the voltage of the power lines. Always maintain a distance of at least 10 feet from overhead lines and more than 10 feet if the voltage to ground is over 50 kilovolts (50,000 volts).
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 most common easement is a utility easement. A utility company needs to run its pipes, lines, etc. under or on other people's property in order to serve its customers. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.
