Adverse possession is a legal doctrine that allows someone to claim ownership of property after using it openly and continuously for a specific period of time. In Ohio, property owners must be proactive to prevent losing their property rights. Here’s how they can defend against adverse possession claims.
Regularly inspect property boundaries
Property owners should regularly inspect their land to ensure no one is using it without permission. If someone is using the land, addressing it promptly is key to avoiding future disputes.
Use written agreements
When granting someone permission to use part of the property, use a written agreement. This document clearly establishes that the person using the property has permission, preventing them from later claiming adverse possession.
Post clear boundary markers
Property owners should place clear markers or fences to define their property lines. Visible boundaries make it easier to defend against any claim of adverse possession by proving that the land is privately owned and cared for.
File a lawsuit for trespassing
If someone uses the property without permission, the owner can file a trespassing lawsuit. By doing this, the owner interrupts the continuous use required for an adverse possession claim and protects their legal rights.
Maintain property records
Keeping detailed records, including surveys, titles, and correspondence, helps property owners provide evidence that they’ve maintained ownership and taken steps to prevent adverse possession.
Final steps to protect ownership
Defending against adverse possession requires vigilance and clear action. By regularly inspecting property, using written agreements, and addressing trespassing issues promptly, property owners can protect their land from unwanted claims. Engaging legal counsel when issues arise also ensures the property owner’s rights remain secure.
Taking proactive steps and staying informed are essential for property owners to safeguard their rights. By understanding the legal landscape and acting swiftly, owners can prevent future disputes and protect their land from adverse claims.