Contested Easements in Cleveland, Ohio

Contested easements can arise from disagreements over the scope, validity, or interpretation of an easement agreement, leading to legal disputes that require an attorney’s guidance.

At Cavell Law, we have been helping property owners in Cleveland and throughout Ohio assert their rights and resolve easement disputes for years. Our knowledge of Ohio real estate law and extensive experience litigating contested easements allow us to provide the guidance and strong advocacy our clients need to achieve successful outcomes.

If you’re currently dealing with a contested easement, contact our team for help.

Different Types of Easements

Easements come in several different forms, each with its own unique characteristics and legal implications.

The most common types of easements include:

• Express easements: These are created through a written agreement, such as a deed or contract, that expressly grants an easement to a particular party. Express easements are often used to provide access to a landlocked parcel or to allow utilities to run through a property.
• Implied easements: These arise based on the circumstances surrounding a property’s use rather than a written agreement. Implied easements may be based on prior use (where an easement is inferred based on the historical use of the property) or necessity (where an easement is deemed necessary for the reasonable use and enjoyment of a parcel).
• Prescriptive easements: These are acquired through the adverse, open, and continuous use of another’s property for a specified period of time (at least 21 years in Ohio, per Ohio Revised Code § 2305.04). Essentially, they are the easement equivalent of adverse possession.
• Easements by condemnation: These are created when a government entity exercises its power of eminent domain to take private property for public use, such as building a road or utility line. The property owner is entitled to just compensation for the taking.

Understanding the type of easement at issue is crucial for determining your rights and developing an effective strategy for resolving any disputes that may arise.

Express Easements: Drafting and Interpreting Agreements

Express easements are created through written agreements, which can be standalone documents or included as part of a deed or other conveyance instrument. The language used in these agreements is critical, as ambiguities or inconsistencies can lead to disputes down the road.

When drafting or interpreting an express easement agreement, it’s essential to work with an attorney who can ensure that the language is clear, comprehensive, and legally enforceable. Our real estate lawyer has extensive experience drafting and reviewing easement agreements and knows how to spot potential issues before they become full-blown disputes.

Implied Easements: Proving Prior Use or Necessity

Implied easements are not created through written agreements but rather are inferred based on the historical use of a property or the necessity of an easement for the reasonable use and enjoyment of a parcel. Proving the existence of an implied easement can be challenging, as it requires gathering and presenting evidence of the property’s prior use or the need for the easement.

In Ohio, implied easements by prior use are recognized when:

1. There was a common ownership of the properties at issue;
2. The use was in existence at the time the properties were divided;
3. The use was apparent, continuous, and permanent; and
4. The easement is reasonably necessary for the beneficial enjoyment of the dominant estate.

Implied easements by necessity, on the other hand, arise when a property is effectively landlocked and requires an easement over a neighboring parcel for access. These easements are disfavored under Ohio law and will only be recognized in cases of strict necessity.

If you believe you have the right to an implied easement, or if you are facing a claim of an implied easement on your property, it’s crucial to consult with an experienced real estate attorney. Our team can help you gather the evidence needed to support or defend against an implied easement claim and present your case persuasively in court.

Resolving Easement Disputes Through Negotiation and Mediation

When easement disputes arise, it’s often in everyone’s best interest to resolve the matter amicably and avoid the expense and uncertainty of litigation. Negotiation and mediation can be effective tools for finding mutually agreeable solutions to easement conflicts.

Successful negotiation requires open communication, a willingness to listen to the other party’s perspective, and a collaborative problem-solving approach. It’s important to focus on interests rather than positions and to look for creative solutions that meet both parties’ needs.

If direct negotiations fail, mediation can be a valuable next step. In mediation, a neutral third party (the mediator) facilitates a discussion between the disputing parties and helps them explore potential solutions. The mediator does not have the power to impose a decision but rather guides the parties toward a voluntary agreement.

Mediation can be a cost-effective and efficient way to resolve easement disputes. It allows the parties to maintain control over the outcome and craft solutions tailored to their unique circumstances. Many courts in Ohio, including those in Cuyahoga County, offer mediation programs for civil disputes like easement cases.

When preparing for mediation, it’s important to:

• Gather all relevant documents, including deeds, plats, and easement agreements;
• Identify your key interests and priorities, as well as those of the other party;
• Brainstorm potential solutions that could meet both parties’ needs;
• Consult with your attorney to discuss your legal rights and develop a negotiation strategy.

Our attorney has helped numerous clients successfully resolve easement disputes through negotiation and mediation. We can guide you through the process, provide strategic advice, and ensure that any agreements reached protect your long-term interests.

Litigating Contested Easements in Ohio Courts

While amicable resolution is always preferable, there are times when easement disputes cannot be resolved through negotiation or mediation. In these cases, litigation may be necessary to enforce your property rights and obtain a binding decision from a court.

Easement lawsuits in Ohio typically involve claims for declaratory and injunctive relief, as well as damages in some cases. A declaratory judgment action seeks a court order defining the parties’ rights and obligations under the easement, while an injunction can compel or prohibit specific actions related to the use of the easement.

To prevail in an easement lawsuit, you will need to present clear evidence of your legal right to the easement and the other party’s wrongful interference with that right. This may include deed records, survey data, historical use documentation, and witness testimony.

Easement litigation can be complex and time-consuming, requiring a deep understanding of Ohio property law and strong courtroom advocacy skills. Our real estate litigator has successfully represented clients in a wide range of easement disputes, from boundary encroachments to adverse possession claims. We know how to build persuasive cases and present them effectively in court.

Challenging the Validity of an Easement

In some cases, the best strategy for resolving an easement dispute may be to challenge the validity of the easement itself.

There are several grounds on which an easement may be invalidated under Ohio law, including:

• Fraud or misrepresentation: If the easement was obtained through deception or trickery, it may be void.
• Mistake: If there was a mutual mistake of fact when the easement was created (e.g., a misunderstanding about the location or scope of the easement), a court may reform or invalidate the agreement.
• Abandonment: If the easement holder has stopped using the easement for a significant period of time with no intention to resume use, the easement may be deemed abandoned.
• Merger: If the dominant and servient estates come under common ownership, the easement may be extinguished through the doctrine of merger.

Challenging the validity of an easement requires a thorough investigation of the easement’s history and the circumstances surrounding its creation. Our attorney know how to uncover the evidence needed to support an invalidity claim and present a compelling case in court.

Defending Against Prescriptive Easement Claims

Another common easement dispute arises when a neighbor claims to have acquired a prescriptive easement through the adverse use of your property.

To establish a prescriptive easement in Ohio, the claimant must prove that their use of the property was:

1. Open and notorious (not hidden);
2. Adverse to the property owner’s interests (without permission);
3. Continuous for at least 21 years; and
4. Exclusive (not shared with the owner or general public).

If you are facing a prescriptive easement claim, there are several defenses that may be available, such as:

• Permissive use: If you can show that you gave the claimant permission to use your property, their use is not adverse and cannot ripen into a prescriptive easement.
• Interrupted use: If the claimant’s use of the property was interrupted for a significant period during the 21-year statutory period, their prescriptive easement claim may fail.
• Non-exclusive use: If the claimant’s use of the property was not exclusive (i.e., you or others also used the same area), they cannot establish a prescriptive easement.

Our attorney has extensive experience defending property owners against prescriptive easement claims. We know how to gather the evidence needed to support these defenses and present a strong case in court.

Boundary Disputes and Easement Encroachments

Easement disputes often intersect with broader boundary disputes between neighboring property owners. When a boundary is unclear or contested, it can be difficult to determine the precise location and scope of an easement.

In these cases, working with a real estate attorney who can help you navigate the interplay between boundary and easement rights is important. Our team has experience handling boundary disputes and easement encroachments, and we know how to use legal tools like surveys, title searches, and historical records to establish and protect our client’s property rights.

Frequently Asked Questions About Contested Easements

What should I do if I discover that my neighbor is using my property without an easement?

If you believe your neighbor is improperly using your property, the first step is gathering relevant documents, such as your deed, survey, and title insurance policy. Next, contact an experienced real estate attorney to review your case and advise you on your legal options.

Depending on the circumstances, you may be able to resolve the issue through a neighborly conversation, a strongly worded letter from your attorney, or, if necessary, legal action to enforce your property rights. The key is to act promptly to prevent the neighbor from acquiring a prescriptive easement through continued adverse use.

Can an easement be terminated if it’s no longer being used?

In Ohio, an easement can be terminated through abandonment if the easement holder stops using the easement for a significant period of time with no intention to resume use in the future. However, proving abandonment can be challenging, as it requires evidence of both nonuse and intent to abandon.

Mere nonuse, even for an extended period, is not enough on its own to extinguish an easement. If you believe an easement on your property has been abandoned, it’s important to consult with a knowledgeable real estate attorney who can help you gather the necessary evidence and take appropriate legal action to clear your title.

Contact Our Real Estate Attorney for Help with Your Easement Dispute

Easement disputes can be stressful, confusing, and deeply personal. When your property rights are at stake, you need a strong legal advocate in your corner. At Cavell Law, we have been helping property owners in Cleveland and throughout Ohio resolve easement disputes for years. Our real estate attorney has the knowledge, experience, and skills to protect your interests and achieve successful outcomes.

Here are just a few of the ways we can help with your easement dispute:

• Conducting a thorough review of your property records and easement documents to determine the scope and validity of the easement at issue.
• Advising you on your legal rights and options for resolving the dispute, whether through negotiation, mediation, or litigation.
• Gathering evidence to support your position, including survey data, historical use records, and witness testimony.
• Representing you in negotiations with the other party and working to find a mutually agreeable solution that protects your interests.
• Advocating for you in court, presenting compelling arguments and evidence to defend your property rights.
• Providing ongoing guidance and support to help you make informed decisions and achieve your goals.

We understand that every easement dispute is different, and we take the time to answer your questions and develop a legal strategy that meets your needs. Our attorney is passionate about helping property owners assert their rights and find lasting solutions to real estate disputes.

If you’re facing a contested easement in Cleveland or anywhere in Ohio, don’t wait to seek experienced legal guidance. Contact Cavell Law today to schedule a consultation.