Erie Railroad v. S. H. Kleinman Realty Co.

Citations

• 92 Ohio St. (N.S.) 96

Syllabus

<p>Basements — Way of necessity — Title passes, when — Use not limited, when — Private rights of way — Not included within Section 8895, General Code — Grade crossings.</p> <p>1. An easement by way of necessity passes from the original grantee to his successors in title, whether few or many.</p> <p>2. Such easement is not limited in its use to the original use of the lands, but expands and fluctuates to meet the growth, development and changed condition of such lands.</p> <p>* 3. Private rights of way by necessity, or otherwise, are not included within the terms of Section 8895, General Code, under the language “All crossings, hereafter constructed, whether of highways by railroads, or of railroads by highways, shall be above or below grade thereof.”'</p>