Legal Question in Real Estate Law in Ohio

Dear Inquirer: Have no immediate concern. I suggest you advise your neighbor with a polite letter, certified mail, receipt requested, informing him/her/them you note the encroachment, but as a good neighbor gesture, will not object, providing they understand this is neither an approved easement nor appropriation of your property rights.

Here's the lawe of Ohio for your peace of mind:

ADVERSE POSSESSION, OHIO

The principle of adverse possession enables someone who actually possesses the land of another for a certain period of time to claim legal title to that land without ever having to pay for it. While �actual possession may be 9/10 of the law�, to get to �10/10�, or legal title by adverse possession, a �Quiet Title� action must be filed wherein the elements of adverse possession must be proven. The elements of this claim 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.

In order to establish the necessary twenty-one year period, several successive periods of possession by different persons may be �tacked� or added to each other, provided that privity exists between the successive occupants. This means that the successive occupants have to be connected by contract, estate or blood. For example, privity that will permit the tacking of possessions exists between testator and devisee, between ancestor and heir, between landlord and tenant, and between vendor and vendee. Zipf v. Dalgarn (1926), 114 Ohio St. 291, 296.

Good luck. Sincerely, J. Norman Stark, Attorney / Architect Emeritus, Cleveland, Ohio.