Sandfoss v. Morrow

Citations

• 2019 Ohio 5371

Syllabus

Plaintiffs, landowners of property on or adjacent to a railroad corridor, sued to quiet title to the corridor, claiming the land was originally an easement granted to a railroad company, that their lands were the servient estates, and that the easement had been abandoned and then improperly transferred to a successor owner as a fee simple interest. Trial court granted summary judgment in favor of the successor owner, a village. Trial court properly granted summary judgment where plaintiffs failed to present evidence showing genuine issues of material fact concerning whether plaintiffs held ownership interests in the railroad corridor or that the corridor was originally an easement. No legal presumption that land owned by a railroad company and used for railway purposes is held as an easement.