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Shanks v. Floom

Supreme Court of Ohio
124 N.E.2d 416 (1955)


Facts

Austin Schiltz and William Floom owned homes located on adjacent lots. Around 1924 or 1925, Schiltz and Floom entered an oral agreement to build a cement driveway between their lots. Each owner paid for half the cost. They each used the common driveway until 1948, at which time Schiltz sold his home to Shanks (plaintiff). William Floom passed away that year, and his property was inherited by Floom (defendant). On July 26, 1951, Shanks brought an action to quiet title in the driveway and to enjoin Floom from using it. The Common Pleas Court denied the injunction. The Court of Appeals affirmed, holding that both Shanks and Floom had acquired an easement over the driveway after over 21 years of adverse use.

Rule of Law

Issue

Holding and Reasoning (Bell, J.)

Dissent (Zimmerman, J.)

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