Queen v. Hanna, 2012 Ohio 6291

Quiet title action over a private road along the northeast border of Queen’s property and Eric Martin property.
Hanna defendants collectively claimed fee simple ownership; Queen claimed prescriptive or boundary-based rights.
Trial court entered a judgment (and a nunc pro tunc entry) declaring Hannas fee simple owners and denying Queen a prescriptive easement.
Evidence showed Birch obtained the road in 1914 in fee simple via a deed; the 1918 deed conveyed only an easement to Whitt, limiting Hannas’ interest.
Unknown heirs of Sylvester Birch were served by publication but did not answer; their default status influenced the court’s order.
Appellate court held the unknown heirs own the road in fee simple; the default judgment against them on fee simple ownership was improper; findings on 21-year continuous use varied by parcel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Fee simple ownership of the disputed road.	Queen asserts Hannas hold road in fee simple.	Hannas rely on deeds or presumed deeds; unknown heirs not properly party.	Unknown heirs own in fee simple; default judgment against heirs improper.
Queen's prescriptive easement claim for Queen property.	Queen established 21 years of continuous use.	Gaps in use (1987–1992) show abandonment.	Not established for Queen property; weight of evidence supports abandonment.
Prescriptive easement for Eric Martin property.	Queen proved 21 years of continuous use accessing Eric Martin property.	Use did not meet continuous 21-year requirement.	Court erred; prescriptive easement established for Eric Martin property.

Dunn v. Ransom, 172 Ohio App.3d 1 (Ohio 2011) (prescriptive easement elements and burden shifting guidance)
Walbridge v. Carroll, 172 Ohio App.3d 429 (Ohio 2007) (easement appurtenant; applicability of tacking and gain of rights)
Brannan v. Easter, 2012-Ohio-2045 (Ohio 2012) (construction of deeds; grant of fee vs. easement; habendum clauses)