Campbell v. Great Miami Aerie No. 2309

The issue presented is whether there was an implied easement upon the property of appellant to accept the flow of sewage from appellee’s adjoining property so that it could be discharged into appellant’s sewage system. Upon this record, we hold that the lower courts committed error in finding that there existed an implied easement.

This court has previously recognized that an easement may be created by specific grant, prescription, or implication which may arise from the particular set of facts and circumstances. Yeager v. Tuning (1908), 79 Ohio St. 121; Ciski v. Wentworth (1930), 122 Ohio St.…