Easements play a crucial role in Ohio real estate transactions. They allow someone to use another person’s property for a specific purpose without owning it. For example, a utility company might have an easement to run power lines across your land. Understanding easements is essential for property owners and buyers in Ohio, as they can affect property rights and value.
What are easements?
An easement is a legal right to use someone else’s property for a particular purpose. In Ohio, easements can be created in several ways, including through deeds, contracts or even by long-term use. They can be permanent or temporary and may benefit a specific piece of land or an individual.
Types of easements
Ohio recognizes various types of easements. The most common are:
- Utility easements: Companies can access your property for power lines or pipes.
- Right-of-way easements: Provide access to landlocked properties.
- Conservation easements: Protect natural resources on private land.
Easements must describe the property, explain the easement’s purpose, and be properly signed and recorded. They can sometimes be created by implication or long-term use, but these situations are less common and often more complicated.
Rights and responsibilities
Easement holders have the right to use the property as specified in the agreement. However, they must use it reasonably and avoid unnecessary damage. Property owners must allow this use but can still use their land in ways that don’t interfere with the easement.
Most easements in Ohio “run with the land,” meaning they transfer to new owners when they buy the property. However, some personal easements (called “in gross” easements) may not transfer. Understanding which type of easement affects a property before buying or selling is important.
Easements can be complex, and their impact on property rights and value can be significant. Seeking help from an Ohio real estate attorney can ensure you understand your rights and obligations regarding easements. They can help draft or review easement agreements, resolve disputes, and protect your interests in real estate transactions.
Property owners and buyers should understand easements are an important aspect of Ohio real estate law. They can affect how you use your property and its value. If you’re dealing with easements in a real estate transaction, consider consulting with a local attorney to protect your rights and interests.