J.T. Mgt. v. Spencer

Citations

• 2017 Ohio 892

Syllabus

REAL PROPERTY - where appellant's proposed commercial use of driveway easement would increase its intended and historic residential use and would thus improperly increase burden and materially enlarge owner's right over the easement unrestricted access easement does not allow unlimited use, only reasonable use where parties could not have intended use of easement of necessity for commercial uses because such use was never made of the driveway and would have been prohibited by zoning, parties did not intend driveway to be used for commercial purposes and thus the easement did not authorize such use R.C. 5302.01 does not prohibit use of plat to convey interest in common driveway to owners of lots in a subdivision where plat states each lot owner shall have interest in driveway and plat was signed by all lot owners, new lot owner owned interest in driveway while appellant had ownership interest in driveway, it is still subject to deed restrictions forbidding trade from being carried on on any lot in subdivision appellant's contemplated use of easement for ingress and egress to and from a commercial parcel constitutes trade and violates restrictive covenant prohibiting use of driveway for such purpose.