Clagg v. Baycliffs Corp.

The two issues presented in this appeal are (1) whether implied easement rights in a private street, established by reference to a subdivision plat depicting and dedicating the street, are subject to the replat procedures set forth in R.C. 711.24, which was in effect at the time the implied easement was created; and (2) whether R.C. 711.24 applies when a previously platted private street is altered, even if no existing lots are changed.

We hold that R.C. 711.24 applies to the replat of a private street even when no existing lots are changed, and that an implied easement, established by…