Easement Dimensions
The Franklin County, Ohio, Court of Appeals recently found that an express pipeline easement failed to define its dimensions even though it specified where the pipeline was to be located. Pomante v. Marathon Ashland Pipe Line LLC, 187 Ohio App.3d 731, 2010-Ohio-1823 (April 27, 2010) (for a copy, see here).* "In these circumstances, the easement's dimensions may be established by use and acquiescence. *** Additionally, the dimensions may be determined based upon the language of the grant, the circumstances surrounding the transaction, and that which is reasonably necessary and convenient to serve the purpose for which the easement was granted." Id. at 735-36.
The underlying issue: Whether a 50' easement was reasonably necessary and convenient for the inspection, maintenance and operation of the pipeline.
*Okay, so the decision isn't necessarily recent ... but its publication was!
