Gibbons v. Ebding

Citations

• 70 Ohio St. (N.S.) 298

Syllabus

<p>Deed recital — That specific premises be used as driveway by grantee, etc. — Is a reservation of easement — Which passes with the land — Easement owner may put gates across same, when — Such driveway will not be enjoined, when — Property rights.</p> <p>1. A recital in a deed that a specific part of tbe granted premises is to be used as a driveway in common by tbe grantees and tbe owners of adjoining land is a reservation of a right in the nature of a servitude or easement in the property granted appurtenant to the adjoining land of the grantor and binding on that conveyed to the grantee, and the right and burthen thus imposed will pass with the lands to all subsequent grantees and will be protected or enforced in equity.</p> <p>'2. The owner of the servient estate may use the land for any purpose that does not interfere with the easement, and in the absence of anything in the deed or in the circumstances under which it was acquired or used, showing that the way is to be an open one, he may put gates or bars across it unless they would unreasonably interfere with its use.</p> <p>3. Where the reservation is of “the westerly twelve feet of the above described property to be used as a driveway in common by the owners of property on Willson avenue adjoining the described twelve-foot driveway and by the above grantees,” and there was nothing to show that the driveway was to be an open way, but it is shown that it is used by trespassers, who commit nuisances therein and thereby reduce the rental value of the property, equity will not enjoin the erection or maintenance of a gate.</p>