Legal Question in Real Estate Law in Ohio

Pathway Easement

We built this home 20 years ago in a sub-division. It had a pathway easement along side some of our property that led to a trail running behind the sub-division. This pathway was never used and we planted shrubs, trees and installed underground water sprinklers on this. Now, 20 years later, we are told this pathway will be cleared and used. What rights do we have to prevent this?


Asked on 4/27/04, 1:03 pm

1 Answer from Attorneys
Michael Buschbacher Michael Buschbacher Co. LPA

Re: Pathway Easement

The only defense that comes to mind immediately would be to drag it out past 21 years and then sue for adverse possession. There may be others but it would take research.

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Answered on 4/28/04, 9:09 am


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