Cleveland v. Clifford

Baird, Judge.

Kenneth I. Cleveland appeals the order of the Court of Common Pleas of Lorain County finding that a “drive easement” granted by Cleveland to Jack Clifford permits parking within the easement. We reverse because the term “drive easement” is unambiguous and does not permit parking by the easement owner when such parking interferes with the servient estate owner’s shared use of a driveway.

In 1985, Cleveland sold Clifford 0.643 acres (the “Clifford premises”) that Cleveland had subdivided from a 1.698-acre parcel of real property he owned on Railroad Street in the village of…