Yeager v. Tuning

Citations

• 79 Ohio St. (N.S.) 121

Syllabus

<p>Erection of telephone line — By owner of one 'estate over estate of another — An easement, when — Parol agreement of adjoining land owners — For mutual telephone line — Easement by deed or prescription.</p> <p>1. The right of an owner of an estate to erect and maintain, or to cause to be erected and maintained, a line of telephone poles over the estate of another for the benefit of the former is an easement.</p> <p>2. An easement can be created only by deed or by prescription.</p> <p>3. A parol agreement by several adjoining land owners to erect and maintain telephone poles on their respective lands, and to contribute equally to the expense of stringing wires thereon, and of operating a telephone line does not create an easement but is merely a parol license and is revocable by any one of such . owners, although in reliance thereon the poles have been erected and the line constructed.</p>