Leffel v. Casstown

Citations

• 2020 Ohio 4593

Syllabus

The trial court did not err in rendering summary judgment in appellee's favor. No genuine issues of material fact existed concerning appellee's claim that it adversely possessed a 66-foot right-of-way abutting appellant's property. Appellee established adverse possession of the right-of-way, which had been in use by appellee since 1968. Appellee also established that its 2011 road improvement project maintained the boundary described in appellant's deed. In addition, no genuine issue of material fact existed regarding the boundary line between the right-of-way and appellant's parcel which would affect appellant's title to his property. Thus, no permanent encroachment or taking occurred due to the road project, and appellant was not entitled to any recovery. Judgment affirmed.