Ohio Easement and Right of Way For Electrical and Communication Lines and Facilities

State:
Multi-State
Control #:
US-OG-654
Format:
Word; 
Rich Text
Instant download

Description

This form is used when Grantee has granted an Easement and Right of Way to Grantee, its successors and assigns, for an easement and right of way for overhead and underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances.

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FAQ

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

Ohio law does not prohibit landlocked ? lacking access to a public road/street ? property. However, many counties and municipalities have regulations that prohibit the transfer or creation of landlocked real estate.

The public-right-of-way is a strip of land dedicated for use by the City, in addition to the roadway, that is usually between the roadway edge and the sidewalk or utility poles. Generally it is land approximately 12' from the edge of the roadway, depending on what part of the City you are located.

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.

The Bullet Point: In Ohio, a prescriptive easement is the acquisition of an easement, over the property owned by another, through adverse use of that property. Prescriptive easements are not favored in Ohio, as such easements deprive the legal property owner of rights to their land without compensation.

Different states have different laws regarding adverse possession. Typically, title will not be conferred until a certain amount of time has passed. In Ohio, adverse possession laws require a 21-year period of occupation before title is conferred to the trespasser.

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.

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).

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Ohio Easement and Right of Way For Electrical and Communication Lines and Facilities