Can I go after my neighbor for taking a piece of my land without my knowledge?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I go after my neighbor for taking a piece of my land without my knowledge?
I have a business that moved in 1980. There was a survey done and they
said several feet have been taken by your neighbor. What can be done?
Asked on July 9, 2016 under Real Estate Law, Ohio
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can do a couple of different things, but before you visit with the neighbor, I suggest you let a real estate attorney review your survey and any title documents to make sure that a taking has occurred. Assuming that this is the case, they can help you draft a settlement proposal to the neighber to resolve the sitution. If the sitaution is not resolved, then you may need to file a 'suit to clear title.' This is basically a dispute over who owns what... so the court 'clears up' the title by declaring who is the official owner.
As a general rule, a neighbor cannot take a piece of another person's land without their knowledge. However, there is an equitable theory called 'adverse possession.' This is basically where another person holds on to something (like land) for so long that they have earned the right to continue their possession of the land.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.