Johnson v. New Direction IRA F.B.O.
2018 Ohio 4608
Ohio Ct. App.2018Background
- In April 2016 Johnson purchased a landlocked house on Denison Avenue whose sole access was over a recorded 1948 eight‑foot express driveway and utility easement across the neighboring Lam parcel.
- After Johnson moved in, occupants of the Lam parcel built a fence blocking the easement and all access; Johnson notified Lam to remove it and then sued for declaratory and injunctive relief and damages (filed July 2016).
- Lam counterclaimed that the easement had been terminated by prior agreement (a 1999 modification and an August 6, 2003 termination letter) or extinguished by a 2015 tax‑foreclosure (fiscal officer’s) deed.
- The trial court granted summary judgment to Johnson, declared the easement still in effect, ordered removal of obstructions, and awarded damages, costs, and attorney fees (limited period); Lam’s Civ.R. 60(B) motion was denied.
- On appeal Lam raised three errors: that the easement did not exist or had been terminated, that the fiscal‑officer conveyance extinguished the easement, and that the damage award was improper; the appellate court affirmed and remanded only to specify the fee amount.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a valid easement burdens the Lam parcel in favor of the Johnson parcel | Johnson: 1948 express recorded easement (appurtenant) exists and was preserved by a recorded 1983 amendment; passes with title to dominant estate | Lam: later agreements/notice (1999 amendment and 2003 termination letter) terminated or modified the easement; 2015 forfeiture deed extinguished it | Held: Easement established by 1948 deed, 1983 amendment valid and recorded; unrecorded termination ineffective against bona‑fide purchaser (Johnson); easement survives forfeiture deed |
| Whether the 1999 agreement modified/terminated the easement | Johnson: 1999 agreement invalid as to scope or not binding on subsequent bona‑fide purchaser; lacked enforceability against later owners | Lam: 1999 agreement and termination letter show owners intended to terminate or condition easement | Held: 1999 agreement unenforceable as to Lam’s title because it was not signed by an estate‑by‑the‑entireties co‑owner (Timothy Ferris); termination letter was unrecorded and did not give constructive notice to purchaser |
| Whether the fiscal‑officer’s (forfeiture) deed cut off the easement | Johnson: R.C. 5723.12 preserves preexisting easements; easement predates forfeiture | Lam: Forfeiture deed conveys title free of encumbrances and thus extinguished easement | Held: Forfeiture deed does not defeat easements and covenants running with the land created before taxes became due; easement survived |
| Whether damages, costs, and fees were proper | Johnson: sought taxes, costs, expert fees, and attorney fees (post‑Oct.24 work) as prevailing party | Lam: disputed awards as excessive or improper | Held: Court properly awarded compensatory damages (taxes for the period of deprivation), allowable litigation costs; denied expert fees absent statutory authority; awarded attorney fees for work after the date court found bad faith in ignoring removal order |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo standard for appellate review of summary judgment)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (summary judgment test)
- Dresher v. Burt, 75 Ohio St.3d 280 (summary judgment burden shifting)
- Shields v. Titus, 46 Ohio St. (express easement appurtenant passes with land)
- Tiller v. Hinton, 19 Ohio St.3d 66 (bona fide purchaser bound only by recorded or constructive notice)
- Apel v. Katz, 83 Ohio St.3d 11 (flexibility in measuring damages for interference with property rights)