Legal Question in Real Estate Law in Ohio
what is the difference between an easement and a right of way to access back property?
1 Answer from Attorneys
ANSWER:
An Easement is the legal right to use or cross another's property, for a specific purpose, and duration (of time in days, weeks, etc.). This is usually confirmed in a written agreement. properly recorded, to avoid any question or violation for unlawful trespass.
Easements are generally utilised by public utilities for maintenance of power lines, gas lines, etc., and are always in writring and recorded on the Official Records of each county. Such easements run with the title and pass on to each subsequent purchaser..
A Righjt-of-Way is the legal right, established by law, usage or (written) grant, to use or cross a specific route through grounds or property of another. Highways and freeways are one example of legal rights-of-way for public use.
If you have any questions regarding access to "rear lands" otherwise unaccessible ("landlocked"), consult an experienced Attorney to assist you in negotiating and obtaining the proper easement or right of way.
Sincerely,
J. Norman Stark
Attorney / Architect Emeritus
1109 Carnegie Avenue
Cleveland, Ohio 44115
(216) 531-5310 x7100
Email: [email protected]