Franklin Ohio Easement for Access to Property

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County:
Franklin
Control #:
US-00495
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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.

Franklin Ohio Easement for Access to Property is a legal right that grants individuals or entities the authority to use a specific portion of another person's property for access purposes. This type of easement ensures that property owners have a designated pathway or entrance across an adjacent property to reach and utilize their own land effectively. Franklin, Ohio, like any other jurisdiction, has specific rules and regulations that govern easements for access to property. There are several types of easements for access to property that can be found in Franklin, Ohio: 1. Express Easements: These easements are explicitly granted through a written agreement or an explicit statement in a property deed. The terms and conditions regarding the access rights, location, limitations, and any financial considerations are outlined in the document. 2. Implied Easements: These easements are not created through a formal agreement but are inferred from the actions and circumstances of the property owners. An implied easement may arise when the owner of a property subdivides or sells part of their land, and it becomes necessary for the new owner to pass over a portion of the original property to access their land. 3. Necessity Easements: These easements are established when a property is landlocked, meaning it has no direct access to a public road or thoroughfare. In such cases, the owner may seek a necessity easement to gain a legal right of access through a neighboring property. 4. Prescriptive Easements: Prescriptive easements are created through continuous usage or open and notorious use of a specific access route without the owner's permission for a specific period. In Franklin Ohio, this duration is typically twenty-one years. If the access has been openly and consistently used without interruption, a property owner may acquire a prescriptive easement to continue using that pathway. 5. Easements by Agreement: These easements are created voluntarily through negotiation and agreement between the property owner and the party seeking access. The terms and conditions of the easement are mutually agreed upon and put into writing to ensure clarity and legality. Franklin Ohio Easement for Access to Property is an essential legal concept that aims to ensure the unhindered use and enjoyment of real estate. Whether it is an explicitly granted express easement, an implied easement arising from previous actions, a necessity easement for landlocked properties, a prescriptive easement acquired through usage, or an easement by agreement, these rights provide property owners with the necessary means to access their land efficiently and conveniently.

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FAQ

Under this doctrine, an easement exists if there was (1) unity of title and subsequent separation of the dominant and servient estates; (2) necessity of the easement at the time of severance; and (3) great present necessity for the easement.9 The requirement of great present necessity means there is no other legal

Landlocked in the context of real estate refers to a piece of property that is inaccessible via public thoroughfare, except through an adjacent lot. Landlocked property is locked up, meaning it's surrounded by other property, and only accessible through the property that surrounds it.

What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

The most basic easement is one that allows the easement owner access across the land of another, usually to reach and use land owned by the easement owner. The easement owner has the right to use the other person's land subject to the specific terms of the easement, which often limits the use of the easement.

Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right.

There must be a substantial interference with the enjoyment of it. There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction.

Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.

How to Get Rid of Real Estate EasementsQuiet the Title.Allow the Purpose for the Easement to Expire.Abandon the Easement.Stop Using a Prescriptive Easement.Destroy the Reason for the Easement.Merge the Dominant and Servient Properties.Execute a Release Agreement.

Land without right of way access to a public road is referred to as landlocked, and it is possible in North Carolina for a parcel to stay landlocked if a neighbor won't convey right of way. There is not always a legal remedy for this, but state law does provide relief for some landowners.

More info

Typically those instructions are to return the documents to the financial institution or title company that is completing the recording of the document(s). Dwelling units which may be in the same building and containing independent cooking and sleeping facilities. Easement.Land subdivision is the first step in the process of community development. The applicant shall in addition, provide for an easement enabling the Township to perform emergency maintenance in the event that the property. Did you know that the permanent "utility" easement the government is asking you for allows them to do whatever they want with your property in the future? The City Council may approve to abandon (or "vacate") the alley and add that land to each of the parcels that are next to it. Results 51 - 100 of 158 — Can you tell me where the easements are located on my property? An easement is a real estate transaction. You, the landowner, will continue to control access to the land.

The City Council has authority to approve abandonment (or “vacate”) all land with an open field. In addition, you cannot sell or trade that easement for a higher price. In a sale or trade transaction, the land is still yours, but the landowner can no longer exercise the legal rights and obligations granted to him or her by the deed. See Appendix C of this document. Land owned by a condominium association, but not owned by the condominium itself, which a condominium owner is planning to subdivide and annex. The City Council may, under certain very limited circumstances, adopt a resolution permitting an easement in such cases. Where the City Council has a grant of a permanent ‛utility” easement in the front or rear of such property, or in any adjoining property, the easement shall continue for twenty-five years from the date of such grant, subject to the requirements for use by the public that are set out above.

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Franklin Ohio Easement for Access to Property