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McCumbers v. Puckett
Ohio Court of Appeals
183 Ohio App. 3d 762, 918 N.E.2d 1046 (2009)
Roger and Nancy McCumbers (plaintiffs) lived next door to Gary and Deborah Puckett (defendants). In 2004, Gary agreed to build the McCumberses a new garage on one side of the McCumberses’ property, next to the Pucketts’ existing driveway. Gary finished 80 to 90 percent of the garage before quitting. The McCumberses hired someone else to finish the garage and paved the approached to connect the garage to the Pucketts’ driveway. In 2006, a dispute arose over the location of the parties’ mailboxes. Gary threatened that he would “fence in” the McCumberses by building a fence along the driveway that would block their access to the new garage. The McCumberses sued, arguing that they had established an easement to use the Pucketts’ driveway either by adverse possession, estoppel, or prescriptive easement. The trial court ruled against the McCumberses on the adverse possession claim but found them entitled to an easement by estoppel and granted an easement over the driveway as well an adjacent grassy strip between the driveway and another neighboring property. The Pucketts appealed.
Rule of Law
Holding and Reasoning (Hendrickson, J.)
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