Zurn Industries, Inc. v. Lawyers Title Insurance

The issue in this case is whether, under the law of Ohio, a grantor, by a single instrument of conveyance, may grant a fee simple estate in land to one party and reserve an easement in favor of a third party. We hold that the grantor may create both interests with a single conveying instrument.

The record discloses that the grantor, Harriet Keller, was the owner of several parcels of real property situated in Springfield Township, Hamilton County, Ohio. In 1950, Keller conveyed a parcel of land to Justus Goebel and Howard Rabe (hereinafter “Parcel 26”). In 1951, Keller conveyed to the Kroger…