An easement is created to give one person the use of another person's real property for a specific purpose. Easements are granted for various reasons, which may include a right-of-way, for utility purposes, or for environmental reasons. The easement deed is the legal instrument which creates the right of use. In a conveyance of real estate or of any interest therein in Ohio, all easements, rights, privileges, and appurtenances belonging to the granted estate are included in the conveyance, unless the deed states otherwise (5302.04).

Any person may grant a solar access easement for the purpose of ensuring adequate access of a solar energy collection device to sunlight. Solar access easements are created in writing and are subject to the same conveyancing and recording requirements as other easements (5301.63). Conservation and agricultural easements may also be granted in Ohio. Conservation and agricultural easements are also created in writing and are subject to the same requirements as other instruments conveying interests in land (5301.68).

An easement deed is a real property instrument which must be signed by the grantor in order to be recorded. The grantor's signature should be original and must also be acknowledged by the grantor before a judge or clerk of a court of record in Ohio, a county auditor, a county engineer, notary public, or mayor. The official acknowledging the deed must certify the acknowledgment and sign their name to the certificate of the acknowledgment. A county recorder may not take acknowledgments of deeds (5301.01). An easement deed that has been executed and acknowledged in another state in conformity with the laws of such state or in conformity with Ohio laws will be valid as if executed within Ohio (5301.06).

Until an easement deed is recorded or filed in the county recorder's office, it will be fraudulent insofar as it relates to a subsequent bona fide purchaser who has, at the time of purchase, no knowledge of the existence of the former deed (5301.25). A recorded easement deed will provide constructive notice of the contents of the instrument to all persons. Deeds are recorded in the office of the county recorder in the county where the property is located.

(Ohio Easement Deed Package includes form, guidelines, and completed example)

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