Deed of Easement for Sidewalk Purposes
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FAQ
An easement gives the grantee the right to use the property for a certain purpose, but ownership remains with the grantor.
Yes, in most cases, you can build a fence on an easement. Fences are regularly built along or across easements.
Forming Easements in Ohio However, the document must be signed by the grantor and properly witnessed by two disinterested parties and recorded in the real estate records of the county in which the property is located.
A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.
When the grant of a right of way or easement is not in the form of a lawfully executed deed or lease, the county recorder of the county where the land is situated, upon the request of the company owning the right of way or easement, shall record such grant in the official records and index it.
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.
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.
What is a Deed of Easement? A deed of easement is a legal document that sets out the right to use another person's land for something you have agreed on. In every deed of easement case, there is one person that wants to use another person's land in a certain way.