Your neighbor has had a fence on your yard for 25 years. Everyone saw it and you never asked them to move it. Your neighbor is now moving an...

Question

Your neighbor has had a fence on your yard for 25 years. Everyone saw it and you never asked them to move it. Your neighbor is now moving and is selling all the property on his side of the fence. They claim it is their property and they can sell it. What should you do? What areas of law support them? Have they met all the elements?

Answer

Dear Owner: This presents a combined factual and legal question. The doctrine of adverse possession brings in into question, i.e. did your neighbor actually assert open,nortorious, adverse and hostile possession of your property (on his side of the fence) for 21 years?

. The Supreme Court of Ohio clearly spelled out in Grace v. Koch (1998), 81

Ohio St. 3d 557 the legal standard by which a non-titleholder may acquire title by

adverse possession. The Court explained that to acquire title by adverse possession, a

party must prove, by clear and convincing evidence, exclusive possession and open,

notorious, continuous, and adverse use for a period of 21 years. In Grace v. Koch, the

Court stated,

"...[t]he court of appeals spoke at length about adverse possession being disfavored.

We agree. A successful adverse possession action results in a legal titleholder

forfeiting ownership to an adverse holder without compensation. Such a doctrine

should be disfavored, and that is why the elements of adverse possession are

stringent..."

I urge you to immediately consult and retain experienced real estate Counsel. I believe you have a good defense and your neighbor has not properly asserted any lawful claim to your property. Good luck, God Bless...

J. Norman Stark, Attorney

(216)531-5310 Ext.22