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Property Keyed to Sprankling
Kienzle v. Myers
Citation:
853 N.E.2d 1203 (Ohio Ct. App. 2006)Facts
JoAn Van Duyne and Ruth Bauer were friends and neighbors on adjoining property on West River Road. In 1981, a public sewer line was constructed along West River Road. Both Van Duyne and Bauer were required by law to connect to the public system. For Bauer, a direct connection to the public sewer line would mean a substantial cost and inconvenience. Van Duyne agreed for Bauer to install her sewer through a foot long trench from her home to Van Duyne’s property, where it would share a trench with Van Duyne’s connector line to the street. In 1987, Appellee Susan S. Kienzle acquired Van Duyne’s property, and in 1989 Appellants Michael P. and Joan Myers acquired Bauer’s property. On November 5, 2003, Appellee sent a letter to Appellants, saying that they had decided to revoke the license by which Appellants’ sewer pipe crossed the Kienzle property, and that Appellants had 30 days to “make other arrangements.” On March 26, 2004, Appellee brought a suit seeking to quiet title with respect to Appellants’ “encroachment” across Appellee’s property. Appellants answered, denying an encroachment, maintaining that they possessed an easement by estoppel.
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