Cuyahoga Ohio Utility Easement

State:
Multi-State
County:
Cuyahoga
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Repeals all laws inconsistent herewith. Section 1189, Inter-County highways to State highways. Section 1202, right of way taken by easement. New roads added to the State system shall have a minimum of 50' of right of way.

Easements give a right to others to use a landowner's property. An easement can be created in writing by agreement between the parties which is recorded with the county recorder. However, there are other easements that can be created when certain requirements are satisfied.

A quitclaim deed is one of the main types of property transfer deed. It is used to transfer property from one period to another. To use a quitclaim deed in Ohio, fill in a quitclaim deed form and sign it in front of a notary. If you're married, your spouse must sign the Dower Waiver release form.

A deed that complies with the relevant provision in the property code is a valid deed in Ohio. To put the public on notice of any property transfer, the deed should be filed with the property records office of the county. The Cuyahoga County property records office is located in Cleveland, Ohio.

Record the deed at the recorder's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment. A Conveyance Fee Statement (Form DTE 100, or DTE 100EX if claiming an exemption) must be signed by the grantee and filed with the deed.

An easement deed is a real property instrument which must be signed by the grantor in order to be recorded. The grantor's signature should be original and must also be acknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, a county engineer, notary public, or mayor.

Easements - what is it and how it works in Ohio. In general an easement is a property interest that grants the right to use the land of another. In other words, it's the right to use the property for a certain purpose, but it is not ownership of the property.

A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property's owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.

Without a right of way, or consent, use of someone else's land would normally amount to trespassing. However, a right of way is not a personal right, the right is associated with the land itself. A right of way is found where there are two adjoining properties owned by different people.

1. The "right-of-way" of a public road refers to the easement acquired by the public in that portion of the land of the owner thereof over which a road or highway passes, with all the powers and privileges that are necessarily incident to such easement.

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Cuyahoga Ohio Utility Easement