Medina, OH asked in Real Estate Law for Ohio

Q: Easement granted but not recorded prior to sale, can it still be recorded?

was granted an easement from the property owner at the date of signing/notarization, which the property owner received compensation, however the property was sold before the easement was recorded w/Co.

Can the easement still be recorded or do I need to get easement from current owner?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: It can be recorded, but the new owner could claim no knowledge of it, and since the new owner's deed is already recorded, the new owner could challenge the easement and refuse to allow it. You could ask the new owner to sign a new easement, but new owner doesn't have to sign it. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement, all the facts, and advise you.

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