Spring Lakes, Ltd. v. O.F.M. Co.

The issue presented by this appeal is whether appellant’s property is subject to an easement that was recorded subsequent to the effective date of the root of title, but which was recorded outside the chain of title of the servient estate. We hold that appellant’s property is not subject to the easement in question.

Initially appellee argues that the Marketable Title Act, R.C. 5301.47 through 5301.56, and this court’s decision in Heifner v. Bradford (1983), 4 Ohio St. 3d 49, are dispositive. In our view, the Marketable Title Act has no application to the facts of the case at bar. As it was…