Ohio Surface Easement (For Meter Station)
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FAQ
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 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.
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.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Access easements shall be a minimum width of 30 feet or as approved by the City.
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.
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.
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.