Johnstown, OH asked in Land Use & Zoning and Real Estate Law for Ohio

Q: Landlocked land in morrow county due to I 71. What recourse do we have today as the current landowners?

In the 1950's when I71 came through Morrow County our 40 acre parcel became landlocked. There is nothing on the books in Morrow county where there was ever an easement given to the landowners. I am sure that it was a good old boy scenario at the time for the "owners at the time" to access their land. However fast forward to today and neither of the property owners that are beside us will grant us an easement to get to our land. What recourse do we have to force one of the two parties to grant us access or request from the judge to force the easement process. As we have been paying taxes on the property since 2004 without access.

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2 Lawyer Answers
Answered
  • Real Estate Law Lawyer
  • Youngstown, OH
  • Licensed in Ohio

A: Since you did not purchase the real property already landlocked, you should be able to file an action in the Common Pleas Court to obtain a proscriptive easement.

Answered
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Use the Find a Lawyer tab to consult a local real estate attorney to do a title examination of all the real estate records, research the process used by the government to acquire the land for I-71 in the 50s, examine any deeds, easements, and other recorded documents, determine whether the then-owners were compensated for loss of access to the 40 acres, etc. Based on the facts and circumstances that research finds, the attorney can advise on potential solutions.

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