Staman v. Balliett

Citations

• 22 Ohio C.C. Dec. 339

Syllabus

<p>ADVERSE POSSESSION — EASEMENTS.</p> <p>1. Prescriptive Right of Way over Lands of Another along Stream; Passes by Will or Conveyance.</p> <p>A party who uses a road or way as a means of ingress and egress to his own land, over the lands of another along the hanks of a stream without let or hinderance and without obstruction for a period of twenty-one years, acquires a right by prescription, to its use as an incident to his land, and the right will pass by conveyance or descent of the land. Pavey v. Vance, 56 Ohio St. 162 [46 N. E. Rep. 898].</p> <p>2. Shift in Roadway Conforming to Shift in Stream Adjacent does; not Defeat Prescriptive Right of Egress and Ingress.</p> <p>A party having a prescriptive right to the use of a road or way over the lands of another along the banks of a stream as a means of ingress and egress to his premises, said right is not lost, modified or affected by reason of a shift in the traveled road or way, the traveled road or way remaining in the same-location for a less period than twenty-one years, provided said shift in the traveled road or way is occasioned by a like shift in the bed and bank of said stream, and no more land than is necessary is thereby occupied, in order to continue the use of said road or way along the banks of said stream as a means of ingress and egress to his said premises. In such ease the traveled road or way lawfully shifts with the bed and bank of said stream.</p> <p>[Syllabus approved by the court.]</p>