Sometimes, your neighbor may plant a hedge past the bounds of their land, crossing into yours. Neglecting to address this or failing to notice it can come with a lot of complications. In Ohio, this has the potential to turn into an ownership claim through adverse possession.
What is adverse possession?
In Ohio, adverse possession can allow someone else to legally become the owner of your property, even without your permission, if certain legal requirements are met. It applies if they use your land in specific ways for at least 21 years under the Ohio Revised Code Section 2305.04. Common examples of adverse possession include:
- Fences and landscaping that creep over a boundary line
- Driveways and parking pads built partly on a neighbor’s lot
- Sheds and garages on the wrong side of the line
- Yard mowing and maintenance that gradually treats a strip as “part of the yard”
- Farm or rural use such as grazing, field access or tree lines used as a boundary
However, for someone to claim adverse possession and gain ownership of your land, they must first meet key requirements. They must prove that their use of your land is:
- Open and notorious: Obvious and not hidden
- Exclusive: Not shared with the true owner of the land
- Continuous: Uninterrupted for 21 years
- Hostile: Without the owner’s permission
- Possession: Physically using or controlling the property
If even one of these requirements is not met, their claim will fail. In Ohio, one of the best ways to reduce the risk of adverse possession is to provide people occupying your land with written permission that explicitly allows them to use it, but acknowledges you as the owner. Even the occasional acknowledgment of your ownership or legal action that stops adverse use can interrupt the 21-year period.
How can adverse possession affect you?
If you own property, you may lose the legal title to a portion of it if another person successfully claims adverse possession. Similarly, if you plan to sell your property, a buyer’s lender may demand a clean survey and a clear title. This can be difficult if someone has claimed adverse possession, which can potentially force you into a boundary agreement or a lawsuit. This also applies to buying properties. You may inherit an ongoing dispute that began before closing the deal.
In Ohio, adverse possession rewards long, obvious and unauthorized possession. If you monitor your boundaries and respond early to encroachments, you can protect your land and avoid a costly title fight later. Though it may be beneficial for those encroaching on your property, facing adverse possession can be an incredibly stressful ordeal. Many people consult attorneys specializing in real estate law for guidance on their rights and on what they can do to prevent unpermitted use of their land.