Hurst v. Baker
Ohio Court of Appeals
1997 WL 215767 (1997)
In 1912, John and Effie Lowks sold 40 of their 94 acres to William Lowks, with the deed describing and conveying the property "also a road" that bisected the larger tract, and requiring John Lowks (the grantor) to keep both sides of the road fenced without a gate. Hurst (plaintiff), current owner of the 40 acres, sued Baker (defendant), owner of the remaining 54 acres, claiming fee simple title to the roadway; Baker argued the parties instead shared a common easement. The trial court held the 1912 deed conveyed only an easement, not fee title, and Hurst appealed.
Whether a 1912 deed conveying a roadway using the word "also," without any language of easement or right-of-way, and imposing a fencing requirement only on the grantor rather than the grantee, transferred fee simple title or merely an easement.