Easements and Right-of-Way Issues in Ohio Real Estate

What Is an Easement?
An easement is a legal right that allows someone other than the property owner to use a specific part of that property for a defined purpose, even though they don't own the land itself. Easements are extremely common in Ohio real estate, and most homeowners have at least one running through their property without ever thinking about it, such as a utility line running beneath their yard.

The tricky part is that easements can significantly affect what an owner is allowed to do with their own land, from where they can build a fence to whether they can put in a pool. Understanding what easements exist on a property before you buy is an important part of a smooth closing.

Common Types of Easements in Ohio
• Utility easements, allowing power, water, gas, or telecom companies to access lines and equipment on the property

• Right-of-way easements, granting a neighbor or the public a path to cross the property, often for access to a landlocked parcel

• Shared driveway or access easements between neighboring properties

• Drainage easements, allowing water runoff to flow across a portion of the land

• Conservation easements, restricting certain types of development to preserve natural or agricultural land

How Easements Can Affect a Property
An easement doesn't transfer ownership, but it does limit how the owner can use the affected area. A utility company with an easement may have the right to dig up part of a yard for repairs. A right-of-way easement might mean a neighbor can legally drive across a corner of your lot to reach their own property. Building a shed, fence, or addition on top of an easement area can create costly problems if the easement holder later needs access.

• Easements typically run with the land, meaning they transfer to new owners even if not specifically mentioned in a sales conversation

• Some easements are recorded in county records, while older or informal ones may not be

• Disputes often arise over the scope of an easement, such as how wide a right-of-way actually is

• Landlocked parcels may depend entirely on an easement for legal access to a public road

How Title Work Helps Before You Close
A thorough title search is one of the best tools for identifying recorded easements before closing, so buyers know exactly what they're agreeing to and sellers can address any disputes ahead of time. Title insurance can also provide protection if an easement problem, such as an undisclosed right-of-way, surfaces after closing and affects the property's use or value.

If you're buying a property and something about access, a shared driveway, or a utility line seems unclear, ask your title company to walk through exactly what's recorded. It's far easier to resolve questions about an easement before closing than to untangle a dispute with a neighbor or utility company afterward.

When Easement Disputes End Up in Court
Even with a recorded easement, disputes can still arise over how it may be used. Neighbors sometimes disagree about whether an access easement allows for commercial vehicles, whether it can be paved, or whether the holder can widen it over time. In cases where a property has no other legal access to a public road, Ohio law may also recognize an easement by necessity even if one was never formally recorded, though establishing this in court can be time-consuming and costly.

Because these disputes can affect a property's marketability and value, resolving questions about an easement before listing or purchasing a home is far preferable to litigating them later. A title company's search results are often the first clue that a closer look is warranted.