Q: What type of easements could possibly be applied to private land in a "cottage community" in Geauga County?
I have a 30' x 95' lot in Geauga County. 40 years ago (or so) a road was mistakenly cut through on the lot. I would like to get my property back for my sole use (private driveway), it is deeded to me and I've paid taxes on it for all these years. What possible easement could there possibly be? There ar no gas lines, or sewers. The road is dirt and gravel and not maintained by the county. There are above ground power/phone lines.
A: The utilities almost certainly have an easement, and whoever created the road may have one depending on all the facts. An easement can be created by what's known as adverse possession. For example, if you own a property and the neighbor uses a dirt road to drive through it onto the street for years and years without any objection from you, but also without permission, a court may find an easement has been established for that person. Who uses the road and for what?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
