What is an Easement in Ohio?

Easements are granted to companies or individuals (known as “grantees”) from landowners (known as “grantors”) to allow access or use of their land, without requiring actual ownership of the property. In this article, we will touch on the basics that every landowner should be aware of when it comes to easements and their property. For more in-depth information regarding the laws behind easements, you can visit the Ohio Revised Code website by clicking here.

Why should you be aware of easements on your property?

There are many reasons a landowner should be aware of easements, but typically, the most common is for building purposes. When land with an easement is sold, the easement transfers with the sale of the property, so if you are buying a piece of land to build a new home on, it is crucial to be aware of existing easements so that you will have a successful and timely completion of the project. All parties involved in the building process, especially the builder, must be aware of the exact location and dimensions of the easement. Although not technically considered an easement, builders must also be aware of building setback lines that are established upon creation of a plat. These setback lines behave like an easement by establishing where you are, and are not, permitted to build on your parcel. Easements typically do not grant access or use of an entire parcel; therefore, it is important to be aware of the specific boundaries to avoid interference with the grantee’s use of the land. Should access to the easement be restricted by any object or building, the cost of removal will most likely be the responsibility of the landowner.

Common types of easements landowners should be aware of:

Driveway easement aka Ingress & Egress easement- typically happen when a lot is divided, and the new property requires driveway/street access through a neighboring lot.

Utility easement- grants utility companies access to run lines, pipes, etc. through the property, and grants continued access for maintenance purposes.

Sidewalk easement- grants access to the front portion of a property. (Even if there is no physical sidewalk, there may still be a sidewalk easement with the property.)

Drainage easement- granted to municipalities for drainage, flood control, or access to storm sewers.

How do you know if your property has an easement?

Every easement must be recorded with the County to be effective, which means that when Expedient Title does the title search, we will be able to find any easements that exist as long as they are properly indexed in the County Records. In construction transactions, Expedient Title will hire a professional land surveyor to perform the required survey to show all easements and restrictions that must be followed during the entirety of the building process. After the foundation of the new building is complete, the surveyor will make another trip to the property to make sure that the building is outside the bounds of any existing easement and within the bounds of your property line.