KINCAID v. YOUNT

No. C-820528.

9 Ohio App. 3d 145 (1983)

KINCAID, APPELLEE, v. YOUNT, APPELLANT.

Court of Appeals of Ohio, Hamilton County.

Decided April 13, 1983.


Attorney(s) appearing for the Case

Mr. Jerry F. Venn, for appellee.

Mr. Terry M. Tranter, for appellant.


BLACK, J.

The single question raised in this appeal is whether an easement that arose by implication of law subsequent to the registration of title to the two parcels of real estate under R.C. Chapters 5309 and 5310 can be recognized and enforced against the alleged servient estate if the implied easement is not noted or memorialized on the register of titles. We answer the question in the negative.

Plaintiff, Ellery C. Kincaid, claims to have an implied easement...

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