Kincaid v. Yount

The single question raised in this appeal is whether an easement that arose by implication of law subsequent to the registration of title to the two parcels of real estate under R.C. Chapters 5309 and 5310 can be recognized and enforced against the alleged servient estate if the implied easement is not noted or memorialized on the register of titles. We answer the question in the negative.

Plaintiff, Ellery C. Kincaid, claims to have an implied easement across defendant John H. Yount’s parcel under the circumstances disclosed by the record. Both parcels of land were part of a larger tract that…