Ohio Agreement between Adjoining Owners Creating Easement for Common Driveway
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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. A good example is a utility easement. A utility company needs to run its pipes, lines, etc. under or on other people's property in order to serve its customers.
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.
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. Easements in Ohio | Littlejohn Law, LLC littlejohnlawllc.com ? library ? easements-in... littlejohnlawllc.com ? library ? easements-in...
The doctrine of adverse possession protects a person who has honestly entered and held possession in the belief that the land is their own, as well as one who knowingly appropriates the land of another for the specific purpose of acquiring title.
Another doctrine, prescription (also called a prescriptive easement), allows you to use or access another's property without obtaining actual ownership. In considering the differences between these doctrines, it is important to determine whether you seek ownership of use/access to a certain property. Navigating Ohio's Boundary Battles: Unraveling Adverse Possession ... strausstroy.com ? articles ? navigating-ohios... strausstroy.com ? articles ? navigating-ohios...
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.