How to prevent adverse possession?
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How to prevent adverse possession?
I built a paver patio up to my neighbors fence 9 years ago. Now that I am
selling my house the neighbor has informed me that their property line is actually 8 in my side of the fence. Since my neighbor is concerned about adverse possession, they want to move the fence to the very edge of their property line. I would like to avoid digging up the patio. Could adverse possession be claimed for such a small strip of land? Could I have my buyer
sign some sort of agreement saying they won’t attempt to possess the 8 of land on my side of the fence? Perhaps a rental agreement for 0 for 15 years?
Asked on September 11, 2018 under Real Estate Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Please seek legal help here. The Doctrine of Adverse Possession is reglated by statute - open, notorious, etc. - but takes 21 years in Ohio. A continuous 21 years. How long as the fence been up? There is, though, somethin in Ohio called title by acquiescense, which is different and you need to discuss with a lawyer. An action to resolve the dispute over the land is known as an action to "quiet title" and can be brought by either of you. While you have come up with creative ways around it in the contract, you need to disclose this or there can be ramifications. I am fairy certain a buyer is not going to sign under the circumstances. Perhaps you could purchas the 8 feet? And then make it part of your property description legally? Good luck.
Golubski v. United States Plastic Equipment, LLC, 2015-Ohio-4239.
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