Legal Question in Real Estate Law in Ohio

property line encroachment

Bought a house a previous owner had built a car port shed and fence 8-12 inches onto neighbors property. This was roughly a decade ago. House has sold two times since these were built. He did not obtain a building permit, they did not raise issues then, now want us to move these items, are we responsibly to do so?


Asked on 3/26/07, 2:45 pm

1 Answer from Attorneys
Robert Rosplock Rosplock & Perez

Re: property line encroachment

Your neighbor can insist that you move the part that encroaches if it has only been there about 10 years. The statute of limititations is 21 years for adverse possession in Ohio.

Check your deed. Does your seller warrant the property to be free from this type of encumbrance? If so, you may be able to recover from the seller for breach of warranty.

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Answered on 3/26/07, 4:57 pm


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