Full question:
I bought my property 25 years ago and to get to the property I have access through an easement, about 50 feet. The easement is shared by Green township and the joining farm. The township has had ownership for longer than I've lived here and the farm has been owned for 13 years. Due to a civil dispute the farmer has blocked this easement including what the township owns. The township also owns the old historical Quaker Cemetery that is next to the easement. Is this legal after this long. Thanks!! Help
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Ohio
Answer:
The legality of blocking an easement depends on the specific terms and nature of the easement, as well as the relationships between the property owners. Generally, only the owner of the land can grant an easement or license. If the farmer does not own the easement, they cannot legally block access.
An easement is a property right that allows the owner to use someone else's land for a specific purpose. There are different types of easements, including:
- Appurtenant easements: These are tied to the land and transfer with the property when sold.
- Easements in gross: These are personal rights that do not transfer with the property and end when the holder dies.
Once established, the easement owner has the right and duty to maintain it unless otherwise agreed. Misuse of the easement does not typically terminate it but may lead to legal claims.
To terminate an easement, certain conditions must change, such as:
- The purpose of the easement no longer exists.
- Ownership of the easement and the land merge.
- The landowner releases the easement.
- The easement is abandoned.
- Nonuse or adverse possession occurs.
If the easement is essential for access to your property, you may have legal grounds to challenge the blockage. Legal action may be necessary to clarify and enforce your easement rights. For specific advice, consulting a local attorney is recommended.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.