Ohio Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
An easement provides a person, company or authority the right to access or use a portion of land owned by another. Most easements are required by service providers (water, gas, electricity, etc.) to protect local infrastructure and enable access for maintenance and repairs.
Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
A prescriptive easement is established by a claimant's well-established, long-term use of another's land. Under the common law, the word ?prescription? means obtaining a right to something by using and enjoying it for a period set by statute.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
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.
The holders of an interest in an easement must maintain the easement. Nothing prohibits holders from making agreements as to the allocation of maintenance and costs, including agreements that allocate the obligations to fewer than all holders. How costs are shared if there is an agreement.
