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  1. #1
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    May 2008
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    Default Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    My question involves an easement in the state of: Ohio

    I'm wondering if we can remove an easement to a property that now has access from the road by way of a recently purchased property by the neighboring property owners. The original reason for the easement is no longer needed because of that purchase.

  2. #2
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    Nov 2013
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    7,056

    Default Re: Easements

    The answer will be dependent on the actual facts of the granting of the easement and if the new land purchased will become merged with the property served with the easement. You will have to share the facts.

    Have you spoken with the neighbor to find out if they are willing to abandon the easement?

  3. #3
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    May 2008
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    Default Re: Easements

    As of right now, we aren't sure if there is a legal easement other than the neighbor having a piece of "paper" that says they can use it. The property purchased has a drive in it already that connects to the neighbors current land.

    Landowner would not be open to removing or abandoning the easement. Other issues in the past have removed that possibility. I know I'll have to go dig a bit at the county office to find out all the facts. But wanted to know some vague ideas of which way to proceed.

  4. #4
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    Nov 2013
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    Default Re: Easements

    There is a big difference between someone being granted an easement across your property and someone being given permission to use a road across your property. Permission can be revoked but an easement that is appurtenant to the land cannot be.

    So do your digging at the county office and look at the deeds, yours and theirs and also look for any recorded easements associated with your land and theirs.

    Then we can see if anything can be done.

  5. #5
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    Default Re: Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    Done a little more digging and found that there was a right of way filed for. Is that the same as an easement or a classification of the type of easement? And can it be revoked or terminated?

  6. #6
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    Nov 2013
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    Default Re: Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    "Filed for" as in court? Was it granted? Is it shown on your/his boundary survey, and if so, as what?

  7. #7
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    Default Re: Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    Quote Quoting kc8flq
    View Post
    Done a little more digging and found that there was a right of way filed for. Is that the same as an easement or a classification of the type of easement? And can it be revoked or terminated?
    This is the definition of a right-of-way: the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

    So a right-of-way is a type of easement that was either granted or established by usage through a court.

    When you say 'filed for' (as Catmad asked), do you mean recorded?

    An easement granted or established by court can only be terminated by agreement of the dominant and servient tenants or by court action to establish abandonment of the easement, or if the dominant and servient tenements have merged under common ownership .

  8. #8
    Join Date
    May 2008
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    16

    Default Re: Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    Just got out of the county recorders off8ce and have more info about it. The right of way is for a service pipeline for the transmission of natural gas. On a drawing of a survey done it has a drawn in easement but we can't find any other easement on the property besides the right of way.

  9. #9
    Join Date
    Oct 2007
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    Ohio
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    Default Re: Can You Remove an Easement if the Dominant Estate Gains Another Means of Access

    In Ohio, a recorded easement might be found in the records of the Probate Court, the Common Pleas Court, the County Engineer, etc. in addition to the office of the County Recorder.

    Before deciding on a big fight with the neighbor, I would recommend that you have a title search done by an experienced title professional in your county, with an opinion as to the status and characterstics of any easement found.

    Good Luck!

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