Kennedy v. Bedenbaugh

Justice MOORE:

We granted this petition for a writ of certiorari to determine whether the unity of title needed to establish an easement by necessity can exist where a person owns one tract of land in fee simple and an adjoining tract of land with another person as tenants in common. We find unity of title is not so established and affirm the Court of Appeals.

FACTS

Petitioners and respondent are adjoining landowners of property. Respondent’s tract and petitioners’ tract (hereinafter referred to as the land-locked tract) were originally joined as one piece of property owned by Jacob Lindler.

In…