Raines v. Hodgson

Citations

• 2020 Ohio 3404

Syllabus

The trial court's determination that appellee established an implied easement by prior use for the leach lines located on his neighbors' property was supported by the manifest weight of the evidence where appellee proved by clear and convincing evidence (1) that appellee's land and his neighbors' land were part of a prior unified estate that at one point had been owned by the neighbors-appellants, (2) that before the separation took place, the appellants had installed the septic system on the land and placed the leach lines for the septic system on the adjoining property – and continued to use the leach lines for more than eight years (3) that the easement was reasonably necessary to appellee's enjoyment of the land and (4) that use of the leach lines had been continuous by whomever owned the property since the time the septic system was installed in 1994. In ruling on objections to a magistrate's decision, the trial court complied with the requirements to Civ.R. 53(D)(4)(d) as it performed an independent review of the record and ruled on all objections before adopting the magistrate's decision in full.