Johnson v. New Direction IRA F.B.O.

Citations

• 2018 Ohio 4608

Syllabus

Express easement modification of easement termination of easement statute of frauds R.C. 1335.04 R.C. 1335.05 recording of instruments constructive notice R.C. 5301.01 bona fide purchaser for value R.C. 5301.25 forfeiture deed R.C. 5723.12 Civ.R. 54(D) fees and costs compensatory damages for trespass. The trial court did not abuse its discretion in finding the existence of an express easement appurtenant in favor of appellee. Appellee, owner of the dominant estate, sued appellant, owner of the servient estate, for constructing a fence across the shared driveway that provided the sole source of ingress and egress to appellee's landlocked property. Appellee is a bona fide purchaser for value under R.C. 5301.25 who purchased the property without knowledge of an unrecorded notice of termination of the easement that stemmed from an invalid agreement attempting to modify the easement to provide a termination right. Prior transfer of the parcel by forfeiture deed did not terminate the easement pursuant to R.C. 5723.12. A presumption in favor of costs exists under Civ.R. 54(D) and the award of costs is within the sound discretion of the trial court. The owner of a dominant estate is entitled to compensatory damages from the owner of the servient estate for easement interference.