My neighbor is trying to erect a fence right against my porch, i will loose entry to my basement. There is a driveway that I have maintained since 1975 that is their property. can I claim this strip of property under the Adverse Possesion Law?
The elements of adverse possession in Ohio, as well as most other states, are exclusive possession and open, notorious, continuous, and adverse use of the disputed property for a period of twenty-one years. Grace v. Koch (1998), 81 Ohio St. 3d 577, 578. Failure to prove any of the elements by clear and convincing evidence results in failure to acquire title of the property. Based on the limited information you provided you may have a claim to adverse possession. Even if not, if you rely on that driveway for ingress and egress to your basement, you have arguments or defenses to the neighbor if this went to court.
I am licensed in Ohio & Kentucky, posting a response to your question or issue does not create an attorney-client relationship and I am not providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.
In addition to Joseph's comments about adverse possession, it is possible that you may be entitled to an "easement by prescription" which would give you the right to use the driveway. Easements by prescription are available in most states and are usually obtained by proving the same types of facts that are required of adverse possession, except that a right to use the property (not ownership of the property) results. You should check with a real estate attorney in Ohio as to whether easements by prescription are an available remedy and, if so, whether the statutory time of adverse use is the same as the requirement for adverse possession, or whether there are any other differences in the legal criteria to establish such an easement.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
i agree with both answers
both are correct
the difference is that if you win the adverse possession claim you will own the strip of real estate instead of just an easement
regardless, you will need to go to Court to enforce your rights
find a good local real estate attorney - who has done this before
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