S/O Property lines

WoWhead · September 2010

Interesting fact: In the state of Ohio, the statute of limitations for adverse possession (aka easement by possession) is 21 years. Example: Let's say your neighbors put up a fence that is 3 feet over their property line and onto your property. After a period of 21 years, the area of the encroachment becomes the neighbors property by adverse possession. Of course, they must have documented proof of when said fence was installed.

Yes...I know I'm a big fat nerd!!

Moesten · September 2010

My mother was just dealing with this issue with her neighbors. They REFUSE to respect the property line and my mother would install a fence but their HOA doesn't allow it. The neighbors laid a stone path that encroached on my parents' property. My mother made them move for this exact reason. Too bad she can't find a way to keep the neighbor's dogs from pooping in her yard. It's becoming a very tense neighbor relationship.

jerseygirl81 · September 2010

What happens if the neighbor sells their house while they have things that are encroaching on your land? That's what we're dealing with now, neighbor has made it look like the property line is way far over when it's definitely not, and they have the house up for sale. I want to get the survey done before they sell it so that the new owners can't claim that it's theirs.

WoWhead · September 2010

To the best of my knowledge, ownership doesn't matter it would just make the burden of proof more difficult. Also, at the time of sale a Mortgage Relocation Survey should be done and that should indicate to the buyers that there is an encroachment. (MRS is required for any loan that will have title insurance.)

S/O Property lines

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