Shanks v. Floom
Supreme Court of Ohio
124 N.E.2d 416 (1955)
Neighbors Schiltz and Floom orally agreed around 1924-25 to jointly build and split the cost of a cement driveway straddling their adjoining lots, using it together until Schiltz sold his home to Shanks (plaintiff) in 1948 and Floom's property passed to his heir (defendant) that same year; Shanks sued in 1951 to quiet title in the driveway and enjoin Floom from using it. The trial court denied the injunction, and the court of appeals affirmed, finding both parties had acquired a prescriptive easement after 21 years of adverse use.
Whether hostility is established for the purpose of acquiring an easement by prescription if the claimant's use of the property is inconsistent with the rights of the title holder.