Ohio Road Easement Agreement (To Provide Electrical Power)
Description
How to fill out Road Easement Agreement (To Provide Electrical Power)?
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FAQ
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
The most common easement 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. As opposed to buying all the land necessary, utility companies negotiate easement agreements with landowners.
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).
The grantor is the property owner that gives the easement, and the grantee is the other person that receives the benefit of the easement. However, the grantee of an easement is not given all of the property rights tied to the land, and therefore, an easement does not amount to full ownership.
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.
