Ohio Release of Right of Way / Easement to Surface Owner

State:
Multi-State
Control #:
US-OG-556
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.

How to fill out Release Of Right Of Way / Easement To Surface Owner?

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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.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

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.

Section 5301.233 | Mortgage may secure unpaid balances of advances made.

If due to an unexpected change in the conditions of or surrounding the land that is subject to the easement makes impossible or impractical the continued use of the land for the purposes described in the easement, then the landowner may request the certified local sponsor or the department to extinguish the easement, ...

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession. Termination by Estoppel when one party in good faith relies upon the representations bade my another to discontinue the use of an easement.

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Ohio Release of Right of Way / Easement to Surface Owner