Dunn v. Ransom , 2013 Ohio 5116 ( 2013 )

[Cite as Dunn v. Ransom, 2013-Ohio-5116.]
IN THE COURT OF APPEALS OF OHIO
FOURTH APPELLATE DISTRICT
PIKE COUNTY
Thelma Dunn, et al., : Case No. 13CA837
:
Plaintiffs-Appellees, :
: DECISION AND
v. : JUDGMENT ENTRY
:
George H. Ransom, et al., :
: RELEASED: 11/8/13
Defendants-Appellants. :
______________________________________________________________________
APPEARANCES:
William S. Cole, Jackson, Ohio, for appellants.
Richard M. Lewis, Christen N. Finley, and Suzanna T. King, THE LAW FIRM OF
RICHARD M. LEWIS, L.L.C., Jackson, Ohio, for appellees.
______________________________________________________________________
Harsha, J.
{¶1} Following our remand, Nathan and Michelle Maynard, Richard Beekman,
and Betty M. Williams, Trustee of the Williams Family Trust, appeal the trial court’s
determination of the width of the implied and prescriptive easements over the
Appellants’ land. These easements provide access to the property of David Wyckoff,
Gary Wyckoff, Thelma Dunn, and Nancy Gragg (collectively, the “Wyckoffs”). The
Appellants contend the trial court erred when it made the easements 20 feet wide.
{¶2} We agree the court abused its discretion to the extent its decision gives
the Wyckoffs access to the entire 20 feet for the purpose of ingress and egress to their
property. The average width of the normally traveled portion of the easement appears
closer to 10 feet. The court’s decision in essence creates a two-lane road where there
is only a one-lane road. However, it is not unreasonable, arbitrary or unconscionable
for the Wyckoffs to have access to the entire 20 feet to allow for normal incidents to a
Pike App. No. 13CA837 2
road, like the occasional need for passing and road maintenance. Therefore, we affirm
the trial court’s judgment in part, reverse it in part, and remand with instructions for the
court to modify its judgment as outlined below.
I. Facts
{¶3} This dispute involves a private dirt and gravel road, commonly known as
Spoon River Road (“SRR”). SRR connects to Rob Beekman Hill Road and travels from
it in a northwesterly direction, first passing through the property of Richard Beekman.
SRR later passes through the property of the Maynards, then the Williams Trust
property, and finally the Wyckoffs’ property. In Dunn v. Ransom, 4th Dist. Pike No.
10CA806, 2011-Ohio-4253 (Dunn I), we recounted in detail facts regarding the parties’
dispute over SRR. The trial court found the Wyckoffs had an easement by implication
over the property of the Maynards and Williams Trust and that they had a prescriptive
easement over Richard Beekman’s property. In Dunn I we upheld these findings. We
also found the court “failed to define in any respect the nature or width of the implied
and prescriptive easements, or what ‘rights’ the Wyckoffs or defendants had with
respect to the easements.” Dunn I at ¶ 113. We remanded for the trial court to define
“the nature and rights of the implied and prescriptive easements found in this case and
for a judgment entry that clearly defines those rights.” Id.{¶4} On remand the parties filed briefs, and the court heard oral arguments.
Then the court issued a judgment entry in which it found, among other things, that:
“The location of the Plaintiffs’ easement shall be ten (10) feet on either side of the
centerline as established by surveyor, Loren Purdom, in his survey drawing which is
Plaintiffs’ trial exhibit twenty-eight (28) * * *.” In other words, the court made the
Pike App. No. 13CA837 3
easements 20 feet wide. This appeal followed.
II. Assignment of Error
{¶5} The Appellants assign one error for our review: “The trial court erred
when it granted Plaintiffs an easement twenty feet wide.”
III. Width of the Easements
{¶6} In their sole assignment of error, the Appellants challenge the scope of the
easements. They contend the trial court’s decision to make the easements 20 feet wide
is against the manifest weight of the evidence. We have previously stated that “[w]hen
the intended dimensions of an easement are not explicitly expressed, determining the
dimensions becomes largely a question of fact, and the trial court’s finding will be
upheld if it is not contrary to the manifest weight of the evidence.” Hurst v. Baker, 4th
Dist. Gallia No. 99CA14, 2000 WL 1206533, *3 (Aug. 22, 2000). See Crane Hollow,
Inc. v. Marathon Ashland Pipe Line, LLC, 138 Ohio App.3d 57, 67, 740 N.E.2d 328 (4th
Dist.2000).
{¶7} But we have also stated that when the parties fail to explicitly express the
dimensions, courts must determine them in part from “that which is reasonably
necessary and convenient to serve the purpose for which the easement was granted.”
Crane Hollow, Inc. at 67. See also Munchmeyer v. Burfield, 4th Dist. Washington No.
95CA7, 1996 WL 142579, *3 (Mar. 26, 1996) (“The majority rule is that in cases of
general grants of right-of-way which do not expressly describe dimensions, courts will
fix a width, length, etc. that is ‘reasonable’ to accomplish the purposes of the
easement.”). This emphasis on reasonableness suggests that a court has discretion.
Thus, we must clarify the appropriate standard of review.
Pike App. No. 13CA837 4
{¶8} 1 Restatement of the Law 3d, Property (Servitudes), Section 4.1, at 496-
497 (2000) states:
(1) A servitude should be interpreted to give effect to the intention of the
parties ascertained from the language used in the instrument, or the
circumstances surrounding creation of the servitude, and to carry out the
purpose for which it was created.
(2) Unless the purpose for which the servitude is created violates public
policy, and unless contrary to the intent of the parties, a servitude should
be interpreted to avoid violating public policy. Among reasonable
interpretations, that which is more consonant with public policy should be
preferred. (Emphasis deleted.)
{¶9} When no granting instrument exists or when the instrument is unclear, a
trial court’s findings on what the parties’ intent was and for what purpose the easement
was created are largely factual issues. See Munchmeyer at *3 (explaining that when a
granting instrument fails to describe the dimensions of an easement at all or does so
inadequately, courts may use extrinsic evidence to determine the parties’ intent, and
“[w]here the determination of the parties’ intent relies upon extrinsic sources, the issue
becomes largely factual in nature.”). Therefore, we apply a manifest weight of the
evidence standard of review to the court’s factual findings. See Dyrdek v. Dyrdek, 4th
Dist. Washington No. 09CA29, 2010-Ohio-2329, ¶ 15 (“Appellate courts ordinarily
review factual determinations under a manifest-weight-of-the-evidence standard.”).
{¶10} But as Section 4.1(2) of the Restatement of the Law 3d, Property
(Servitudes) suggests, it is possible that more than one reasonable interpretation exists
of a servitude like an easement. “The very essence of discretion is the power to choose
among a range of available options.” State v. Swayne, 4th Dist. Adams Nos. 12CA952-
12CA954, 2013-Ohio-3747, ¶ 36. Therefore, in the case of implied and prescriptive
easements, where there is obviously no granting instrument, we find a trial court has
Pike App. No. 13CA837 5
discretion to fix the easement’s dimensions. See Keish v. Russell, 4th Dist. Athens No.
98CA01, 1998 WL 574369, *1 (Sept. 10, 1998) (“In our view, a prescriptive easement is
essentially an equitable remedy. Accordingly, the trial court must be afforded broad
discretion in fashioning its remedy. Where one or more ways are available, the trial
court is entitled to use its discretion and select the most reasonable route under all the
circumstances.”). See generally Cadwallader v. Scovanner, 178 Ohio App.3d 26, 2008-
Ohio-4166, 896 N.E.2d 748, ¶ 39, fn. 5, ¶ a (12th Dist.) (stating implied easements are
also equitable remedies).
{¶11} Thus, we review the trial court’s ultimate ruling on the easement’s
dimensions for an abuse of discretion. See by way of analogy Mann v. Mann, 4th Dist.
Athens No. 09CA38, 2011-Ohio-1646, ¶ 13 (explaining that in divorce proceedings, we
ultimately review a division of property for an abuse of discretion but will not disturb a
trial court’s factual findings unless they are against the manifest weight of the evidence).
The phrase “abuse of discretion” connotes an attitude on the part of the court that is
unreasonable, unconscionable, or arbitrary. State v. Adams, 62 Ohio St.2d 151, 157,
404 N.E.2d 144 (1980). However, the court’s interpretation of the easement should give
effect to the parties’ intent if can be ascertained, carry out the purpose for which the
easement was created, and comport with the rules on public policy.
{¶12} The Appellants complain that certain portions of SRR have been
described as a “path,” which they suggest means the easements over SRR cannot be
20 feet wide. They also highlight the testimony of Loren Purdom, a land surveyor the
Wyckoffs hired. He viewed the properties at issue in January or February 2002.
Purdom explained that for one of the maps he prepared, Plaintiff’s Trial Exhibit 28, he
Pike App. No. 13CA837 6
found what appeared to be the center of SRR. He drew a center line on the map and
then drew lines to show what an easement that went 10 feet out from the center line on
each side would look like. Purdom admitted that the width of the traveled road he
observed was not 20 feet wide – it was less than that. He explained that the width of
the “traveled road” he observed is depicted on Exhibit 28 between “gold or reddish-
looking” colored lines. Exhibit 28 contains a scale, and from this exhibit, it is apparent
that the “traveled road” Purdom observed is not straight and varied in width – the road is
less than 10 feet wide in some spots and approximately 15 feet wide in at least one
spot. It appears on average the “traveled road” is roughly 10 feet wide.
{¶13} The court did not make specific findings about the intent behind the
easements. However, the rationale underlying an implied easement is “that whenever
one conveys property he includes in the conveyance whatever is necessary for its
beneficial use and enjoyment and retains whatever is necessary for the use and
enjoyment of the land retained.” Trattar v. Rausch, 154 Ohio St. 286, 291, 95 N.E.2d
685 (1950). The “traveled” portion of SRR (at least as it existed in 2002) is for the most
part a winding, one-lane road defined by dirt or gravel. The Wyckoffs argue that SRR
was “more likely than not wider in 1946 than in 2002” because there is evidence people
used the road more in the past than in recent years. But the fact that the road may
have been travelled more in the past does not necessarily mean it was wider then too.
{¶14} Although it is certainly possible the width of SRR has changed over time,
the Wyckoffs offered no evidence that what is now a one-lane road was historically a
two-lane road. Therefore, the only reasonable conclusion is that when Calvin Williams
severed his properties in 1946, he and the buyer intended that the Wyckoff property
Pike App. No. 13CA837 7
would have an easement for purposes of ingress and egress over the visibly used,
existing one-lane road. A 10 foot wide easement would give effect to that intent.
{¶15} However, the court could logically conclude that Calvin Williams and the
buyer intended that the Wyckoff property have an easement over SRR and land
bordering it to account for things like passing vehicles and road maintenance. We
agree with the Appellants that the record lacks explicit evidence about vehicles passing
each other on SRR. However, it is clear that multiple people have owned and lived on
property bordering SRR over the years. Common sense tells us that, from time to time,
vehicles would have passed each other on the road. It is illogical to think that Calvin
Williams and the buyer would have intended that if Calvin met another vehicle on the
property of the Williams Trust or Maynards, he would have to back his vehicle up or
down SRR rather than simply pull off the road briefly to let the other vehicle pass.
{¶16} Moreover, the record contains evidence that part of SRR is close to a
creek. From Plaintiff’s Trial Exhibit 28, it appears the road passes over the creek twice
on the Williams Trust property. The record also contains evidence that in the past, parts
of the road have washed out due to heavy rains. George Ransom, who previously
owned the Maynard property, testified that when he owned the land he put in a culvert
and ditch to keep SRR “dry.” Richard Beekman also testified about the existence of
ditches and culverts on his property. This evidence leads to the natural inference that in
1946, SRR was just as prone to being washed out as it has been in more recent times.
Clearly Calvin Williams could not have accessed what is now the Wyckoff property if the
road washed out. To combat this problem, his easement would have to extend beyond
the traveled road for maintenance purposes.
Pike App. No. 13CA837 8
{¶17} Thus, the court could reasonably conclude from the evidence that Williams
and the buyer of his land in 1946 intended for the implied easements to be wider than
the traveled roadway for purposes of activities that are normal incidents to a road, like
the need for passing and maintenance. A 20 feet wide easement gives effect to that
intent.
{¶18} Regarding the parties’ intent surrounding creation of the prescriptive
easement, “[s]ince the servitude created by adverse use arises from the failure of the
landowner to take steps to halt the adverse use, interpretation of the prescriptive
servitude focuses on the reasonable expectations of the landowner. The relevant
inquiry is what a landowner in the position of the owner of the servient estate should
reasonably have expected to lose by failing to interrupt the adverse use before the
prescriptive period had run.” 1 Restatement of the Law 3d, Property (Servitudes),
Section 4.1, Comment h, at 502. “The dimensions of prescriptive easements for roads,
particularly public roads, may extend beyond the traveled way to include ditches,
shoulders, and passing areas reasonably necessary to use of the road. The underlying
rationale is that the owner of the servient estate should have anticipated that allowing
use as a public roadway would result in establishment of rights to create the normal
incidents of a roadway in addition to rights to continue use of the traveled way.” Id. at
Section 4.8, Comment e, at 562.
{¶19} Here, the trial court could conclude that a landowner in Beekman’s
position should have reasonably expected that the prescriptive easement would include
the “traveled road” for the purpose of ingress and egress. A landowner would not
expect that prescriptive use of a one-lane road would lead to the creation of a two-lane
Pike App. No. 13CA837 9
road over his property. Nonetheless, the landowner should reasonably expect that the
easement would include some land beyond the traveled road to accommodate for the
normal incidents to a roadway, such as passing and road maintenance. Again, SRR is
for the most part a one-lane road that multiple people have used to access their
properties over the years. It is winding, composed of either gravel or dirt depending on
the location, and prone to wash outs. It would be unreasonable to expect the Wyckoffs
to back up on such a road if they were in a vehicle and encountered another vehicle on
SRR coming from the opposite direction. And it would be unreasonable if the Wyckoffs
could not enter the land immediately next to SRR to maintain culverts and ditches that
help keep the road passable.
{¶20} The trial court also made the following findings, which the Appellants do
not dispute. The court found the Wyckoffs “established the historical use of the
easements to be for the purposes of accessing residences that were located on what is
now the Plaintiff’s land, accessing a saw mill operated by a prior owner, timbering land
owned by the Plaintiffs or their parents, and recreational purposes * * *.” And the court
found that “[t]he evidence established that travel over the easement path, commonly
known as [SRR], was on foot, by automobiles, by trucks, on horses, on four wheeler
ATVs, by tractor, and by motorcycle.” The court determined the Wyckoffs could use
their easements “for ingress and egress to their property for residential purposes,
timbering, and recreation consistent with the prior use.” And the court found the
Wyckoffs “shall have the right to travel their easements on foot, by tractor, by truck, by
automobile, by four wheeler ATV, by horse, and by other similar modes of travel not
inconsistent with the specified modes of travel.” The court also ordered the Wyckoffs to
Pike App. No. 13CA837 10
maintain and repair the easements. A width of 10 feet is sufficient to satisfy the purpose
of normal ingress and egress to the Wyckoff property. And a width of 20 feet is
sufficient to satisfy the purpose of road maintenance and allow for the existence of other
incidents to a roadway, like passing.
{¶21} Based on the foregoing, we conclude that the trial court’s decision to give
the Wyckoffs unrestricted access to the entire 20 feet for purposes of regular travel
unreasonable. The court’s decision does not comport with the evidence and fails to
recognize the principle that implied and prescriptive easements are disfavored as an
infringement on the servient estate. However, the 20 foot width is not unreasonable to
accommodate normal incidents of a roadway, like maintenance and passing.
{¶22} Therefore, we overrule the sole assignment of error in part and affirm it in
part. We reverse the trial court’s decision to the extent it gives the Wyckoffs access to
the entire 20 feet for regular travel. We remand with instructions for the court to modify
its judgment to make the location of the implied and prescriptive easements over the
Appellants’ land, for purposes of ingress and egress to the Wyckoff property, the five
feet on either side of the centerline established by surveyor Loren Purdom in Plaintiff’s
Trial Exhibit 28. However, for purposes of engaging in activities that are normal
incidents to roadways, such as passing and maintenance, the location of the easements
on the Appellants’ land shall encompass the ten feet on either side of the centerline.1
JUDGMENT AFFIRMED IN PART,
REVERSED IN PART,
AND CAUSE REMANDED.
1
The Appellants complain that the language in the trial court’s entry improperly expands the width of the
express easement John and Gertrude Beekman, who were originally defendants, gave the Wyckoffs prior
to the Beekmans’ dismissal from the lawsuit. We fail to see how the Appellants have standing to raise
this issue on behalf of the Beekmans, so we disregard it.
Pike App. No. 13CA837 11
JUDGMENT ENTRY
It is ordered that the JUDGMENT IS AFFIRMED IN PART, REVERSED IN
PART, and that the CAUSE IS REMANDED. The Appellants and Appellees shall split
the costs.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the
Pike County Court of Common Pleas to carry this judgment into execution.
Any stay previously granted by this Court is hereby terminated as of the date of
this entry.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
McFarland, P.J. & Abele, J.: Concur in Judgment and Opinion.
For the Court
BY: ____________________________
William H. Harsha, Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment
entry and the time period for further appeal commences from the date of filing
with the clerk.