Ohio Easement and Right of Way (For Electrical Transmission Lines - Short Form)
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FAQ
Right of way can be created through a variety of means such as: A road right of way created by a County as a County/Township road and later transferred to the State or other public entity. The acquisition of easement/deeds which are signed by a grantor, and which often are on file at the County Recorder's office.
The best way to determine whether there are easements on your land is to purchase a title exam from an attorney or title agency. A title examiner or attorney can search the public records associated with your property at the County's Recorder's Office and provide an exam that identifies if any easements exist.
Ohio law does not prohibit landlocked ? lacking access to a public road/street ? property. However, many counties and municipalities have regulations that prohibit the transfer or creation of landlocked real estate.
A transmission line usually is centered in the right-of-way. The width of a right-of-way depends on the voltage of the line and the height of the structures, but can be 75 to 150 feet or more depending on the type of facilities planned for or located on the right-of-way.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
A prescriptive easement is similar to the property law concept known as ?adverse possession,? by which you can come to own someone else's property if they abandon it and you use it for a long enough period of time (along with other requirements).
Different states have different laws regarding adverse possession. Typically, title will not be conferred until a certain amount of time has passed. In Ohio, adverse possession laws require a 21-year period of occupation before title is conferred to the trespasser.
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).