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  1. #1
    Join Date
    Feb 2010
    Posts
    13

    Default Obtaining an Easement for a Driveway in Ohio

    What is the procedure for obtaining an easement in the state of Ohio? My neighbor is willing to allow 2.5 feet encroachment onto their property along the property line that we share so that I can put a driveway between our houses for our sole use (they have their own driveway on the other side).
    Thank you.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Obtaining an Easement for a Driveway in Ohio

    You should have a surveyor prepare the legal description and an attorney prepare the granting instrument. Between them they should be able to handle any additional local regulations concerning your easement.

  3. #3
    Join Date
    Feb 2010
    Posts
    13

    Default Re: Obtaining an Easement for a Driveway in Ohio

    Thanks for the reply. I have the original legal descriptions from our deed and theirs. Do I need to have it surveyed again? We have a quote for $1000, seems steep...
    Also, I have found quite a few fill in the blank legal forms online. Are these reliable or is this something to invest in the cost of an attorney for? How much would I expect to pay an attorney for this?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Obtaining an Easement for a Driveway in Ohio

    an easement agreement, if poorly worded, can cause a lot of problems down the road and since easements are typically forever, somebody 3 generations yet to be born yet might have to deal with it.

    it is best to have it written by a person experienced in this type of situation.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Obtaining an Easement for a Driveway in Ohio

    Thanks for the reply. I have the original legal descriptions from our deed and theirs. Do I need to have it surveyed again? We have a quote for $1000, seems steep...
    Since the descriptions you have do not describe the easement you propose, a new legal will be required. Shop it around if you don't like the price. I'm not going to comment on pricing.

    As for the do-it-yourself forms business, I'm not an attorney. But I wouldn't personally choose that route. There may also be local planning and zoning approvals.

    If the neighbor has a mortgage, I can guarantee that the holder will have to agree in writing to your proposed easement.

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