Whatare the stipulations for taking over land once it has been abandoned?

Get Legal Help Today

 Secured with SHA-256 Encryption

Whatare the stipulations for taking over land once it has been abandoned?

We have been mowing and landscaping about 30 ft of our neighbors land for 10 years. We thought that we owned the property but a recent survey showed we don’t. Are we eligible to file for land abandoment? If not, then what are our other options (i.e. a privacy fence and will they have to pay half of it)?

Asked on May 6, 2011 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, in Ohio, to gain title to someone else's land by "adverse possession" (which is what you mean by "land abandonment"), you have to be openly occupying the land, with intention to claim it (and/or believing it's already yours) for 21 years; therefore, you are less than half-way there.

You certainly have the right to put up a privacy fence as long as you respect the boundaries, but you have not legal right or way to make your neighbors pay for half of it. You can obviously discuss sharing the cost of a fence with them, but it's their choice; they have a right to say "no" and not pay for a fence, in which case the ball is back in your court as to whether to pay for it yourself.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption