Roubanes v. Brown, 2012 Ohio 1933

In 1981, the Porters granted an easement over the Old Cabin Road to Roberta Long for access to her 75-acre parcel.
In 1984, Nilo Brown purchased the Porters’ property and constructed a driveway that crossed the easement and then joined it briefly before diverging.
In 1991, Roberta Long’s estate sold to Roman Miller, who later obtained a nearby tract giving him roadway access; Brown allowed Miller limited use of the driveway after notifying Brown.
In 1993, Miller sold to Roubanes, who used the driveway for about 15–16 years; Brown verbally and by letters told Roubanes to stop after June 1, 2009, but Roubanes continued to use it.
Roubanes filed suit in 2010 seeking easement by estoppel and by necessity; the trial court ultimately found easement by estoppel and issued a permanent injunction against Brown.
On appeal, Brown challenged the easement by estoppel ruling; the appellate court ultimately reversed the estoppel ruling and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Existence of an easement by estoppel in Ohio	Roubanes asserts estoppel-based easement exists.	Brown contends no easement by estoppel exists.	Easement by estoppel recognized only under specific conditions.
Whether Brown's statements created more than a mere license	Roubanes relied on ongoing permission as a servitude.	Brown argues it was a revocable license, not an easement.	License; no easement by estoppel established.
Entitlement to injunctive relief based on easement by estoppel	Estoppel supports an injunction preserving the easement.	No enforceable easement justifies injunctive relief.	No injunctive relief based on absence of easement by estoppel.
Rights conferred by an easement greater than original or conduct	Easement should reflect the parties’ conduct and the 1983 easement.	No extrinsic enlargement beyond the written easement.	Trial court erred in granting an easement by estoppel that exceeded the original rights.
Brown’s trespass liability	Roubanes allegedly trespassed by using the driveway.	No actionable trespass given the prescriptive-like use.	Trespass claim failed; damages not shown.

Renner v. Johnson, 2 Ohio St.2d 195 (1965) (implied easement recognized but not enforceable against bona fide purchaser)
Yeager v. Tuning, 79 Ohio St. 121 (1908) (parol license revocable; license is personal)
Ciski v. Wentworth, 122 Ohio St. 487 (1930) (synthesis of elements for implied easement)
Campbell v. Great Miami Aerie No. 2309, Fraternal Order of Eagles, 15 Ohio St.3d 79 (1984) (implied easement elements; necessity and continuity requirements)
Maloney v. Patterson, 63 Ohio St.3d 405 (1989) (duty to speak and reliance in estoppel context)
McCumbers v. Puckett, 183 Ohio App.3d 762 (2009) (easements by estoppel—reliance and improvements aid the claim)
Schindler v. Warren, Stark App. No. CA-8253 (1991) (limits of estoppel not shown where reliance not established)
Monroe Bowling Lanes v. Woodsfield Livestock Sales, 17 Ohio App.2d 146 (1969) (estoppel requires mislead or detrimental reliance showing)
Trattar v. Rausch, 154 Ohio St. 286 (1950) (continuity and necessity of servitude; nature of implied easements)
Bradford v. Renner, not applicable () (placeholder to indicate foundational lineage if needed)