My question involves an easement in the state of:Ohio
I have access to a common easement that runs between 4 properties. The easement lies over an existing drive. In order to access my property from the easement, I need to cross over a 25' wide, 1040' long strip of land owned by my neighbor. The neighbor's deed gives me access across this strip of land. I have one driveway that accesses my home crossing that strip of land. I would like to add a second access from the easement to my property to access a separate area of the property that contains a barn. This proposed crossing is a previous construction drive. When I put in my drive to my house, the owner of the strip of land placed a telephone pole in front of my construction drive and said I only have the right to one access. I never pushed the issue, but now 15 years later, I want to again use the construction drive. The language in his deed is as follows:
Conveying also unto said grantees, their heirs and assigns, an easement for ingress and egress in common with others, 25 ft . in width over the existing road, Grantor reserves, however, free and uninterrupted access for others, for purposes of ingress and egress across the tract here conveyed along and adjacent to the common
easement.
Nowhere in there does it say I can cross only once. Does he have a claim, or am I allowed to have this access? Thanks.
I have access to a common easement that runs between 4 properties. The easement lies over an existing drive. In order to access my property from the easement, I need to cross over a 25' wide, 1040' long strip of land owned by my neighbor. The neighbor's deed gives me access across this strip of land. I have one driveway that accesses my home crossing that strip of land. I would like to add a second access from the easement to my property to access a separate area of the property that contains a barn. This proposed crossing is a previous construction drive. When I put in my drive to my house, the owner of the strip of land placed a telephone pole in front of my construction drive and said I only have the right to one access. I never pushed the issue, but now 15 years later, I want to again use the construction drive. The language in his deed is as follows:
Conveying also unto said grantees, their heirs and assigns, an easement for ingress and egress in common with others, 25 ft . in width over the existing road, Grantor reserves, however, free and uninterrupted access for others, for purposes of ingress and egress across the tract here conveyed along and adjacent to the common
easement.
Nowhere in there does it say I can cross only once. Does he have a claim, or am I allowed to have this access? Thanks.
Use and Enforcement: Ingress and Egress Problem
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