Ohio Temporary Construction Easement and Agreement for Highway Purposes

State:
Multi-State
Control #:
US-OG-1166
Format:
Word; 
Rich Text
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Description

This form is a temporary construction easement and agreement for highway purposes.
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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.

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.

Easement Restrictions A landowner is not permitted to alter the land within an easement area. This includes any variation to the depth, including the importation of soil or material or the excavation of soil or material within the easement covering any Council infrastructure.

Easements can be terminated or extinguished by many means such as merger of title, release, abandonment, by the terms of the document, termination of the need, condemnation, mortgage foreclosure, tax sale, and by unwritten means such as non-user/abandonment and adverse possession.

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.

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Ohio Temporary Construction Easement and Agreement for Highway Purposes