As Ohio State University explains, adverse possession in Ohio is a holdover doctrine from old English law that may give caretakers the right to legally claim land they utilize.
This doctrine historically encouraged settlers to maximize available land and make it productive. Today, it typically applies to property line disputes.
What is adverse possession?
Adverse possession is a legal doctrine in Ohio that gives a squatter or trespasser the right to obtain lawful possession of the land they care for – even if it is under someone else’s ownership. For example, if your backyard fence includes some of your neighbor’s property, and you maintain that land for a substantial amount of time, you may be able to claim it as your own.
Similarly, if a squatter lives on and cares for your property, he may have the chance to obtain that land in court.
To prove adverse possession, the trespasser would need to demonstrate that giving up the land would create an undue hardship. Both state statute and case law defend this doctrine in Ohio.
Proving adverse possession in Ohio
To successfully claim adverse possession in Ohio, the trespasser must demonstrate that their possession of the property meets specific criteria. Ohio law requires the possession to be:
- Exclusive: The trespasser must have sole control over the property, excluding even the rightful owner.
- Open and notorious: The possession must be visible and obvious to anyone, including the true owner, who observes the property.
- Continuous: The trespasser must occupy the property without interruption for the statutory period.
- Hostile: This legal term doesn’t imply aggression but rather possession without the owner’s permission.
- Actual: The trespasser must physically occupy and use the property as an owner would.
In Ohio, the statutory period for adverse possession is 21 years. This means the trespasser must continuously meet all the above criteria for at least 21 years before they can claim ownership through adverse possession.
It’s important to note that the burden of proof in adverse possession cases lies with the trespasser. They must provide clear and convincing evidence that they have met all the required elements. This high standard of proof makes successful adverse possession claims relatively rare.
Courts in Ohio carefully consider various factors when evaluating adverse possession claims. These may include:
- The nature and extent of the trespasser’s use of the property
- Any improvements made to the land by the trespasser
- Payment of property taxes
- The true owner’s knowledge of and response to the trespasser’s occupation
Adverse possession cases can be complex, often involving detailed property surveys, historical records and witness testimonies. If you’re involved in an adverse possession dispute, whether as a property owner or a potential claimant, it’s crucial to consult with an attorney who has experience in real estate law. A lawyer can help you understand your rights, gather necessary evidence and pursue effective strategies for success in court.
When can I use it?
In adverse possession cases, courts tend to prefer the lawful owner’s claim to the property unless the trespasser can demonstrate that the owner effectively neglected or abandoned the land – and that the abandonment was sufficient to give the trespasser a greater right to it.
When a dispute arises, the burden of proof rests on the squatter or trespasser to demonstrate their right to the property. In rare cases, the courts may rule that the trespasser is better utilizing the land and has a better claim to the title.