Examples Of Adverse Possession
The right to legally steal property from another is a straightforward definition of adverse possession. To further define the practice of adverse possession, it is the gaining of legal title to real property by the actual, open, hostile, and continuous possession of it to the exclusion of its true owner for the period prescribed by state law, (http://legal-dictionary.thefreedictionary.com/Adverse+possession). For illustration purposes, a look into an example of the practice of adverse possession will be used by describing a situation that involves an actual case of acquiring property through this method in the great state of Ohio-the state that birthed Ulysses S. Grant, James A. Garfield, Warren G. Harding, Benjamin Harrison, Rutherford B. Hayes, William McKinley, William
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Howard Taft, and Victoria Claflin Woodhull, who was the first female candidate for U.S. President. The scenario commences with Mildred, who is organizing her Ohio estate plan and has a survey conducted on her land.
This survey reveals that her neighbor’s white picket fence is encroaching three (3) feet over the property line on her side of the fence. Mildred has a deed that confirms the encroaching fence is indeed three (3) feet over her property line. The neighbor and Mildred do not remember the date of the fence or really anything about the placement of the fence. The neighbor then states that due to adverse possession, he is now the rightful owner of this additional three feet of Mildred’s property. In order to predict the outcome of Mildred and her neighbor’s case, the law needs to be brought into the picture. It states in the Ohio Code Section of 2305.04, that it requires the trespasser, which is Mildred’s neighbor, to file his claim against Mildred within 21 years of the date of adverse possession. Mildred’s neighbor needs to prove that he has met the elements of adverse possession, as stated by Busziewicz v. Damion, 140 Ohio App. 3d 126, 130 (Ohio Ct. App., Cuyahoga County, 2000:
1. Possessor must have entered the property and have had exclusive use and possession of the
property;
2. Possession must have been open and notorious;
3. Possession must be adverse to the rightful owner and under a claim of right; and,
4. Possession must be continuous for a period of 21 years. For further case law on the subject, it states in Bebout v. Peffers, 1986 Ohio App. LEXIS 8030 (Ohio Ct. App., Knox County Aug. 18, 1986), that the Court found the burden of proof lies entirely on the party that is making an adverse possession claim. This same court in Bebout v. Peffers, also stated that the law presumes possession of land is under the regular title and the true owner has the benefit of all reasonable presumptions. Miss Mildred has the deed to show her property line boundaries and if the demarcation is going to change, then Mildred’s neighbor will need to prove his adverse possession statement by meeting all the elements, as defined by Ohio statute and case law precedent. In conclusion, if the neighbor does not file suit because he knows that he cannot prove the adverse possession allegation, then Mildred will need to file suit, show the court her deed and then have the offending fence removed, by her neighbor, and under court order.
Howard Taft, and Victoria Claflin Woodhull, who was the first female candidate for U.S. President. The scenario commences with Mildred, who is organizing her Ohio estate plan and has a survey conducted on her land.
This survey reveals that her neighbor’s white picket fence is encroaching three (3) feet over the property line on her side of the fence. Mildred has a deed that confirms the encroaching fence is indeed three (3) feet over her property line. The neighbor and Mildred do not remember the date of the fence or really anything about the placement of the fence. The neighbor then states that due to adverse possession, he is now the rightful owner of this additional three feet of Mildred’s property. In order to predict the outcome of Mildred and her neighbor’s case, the law needs to be brought into the picture. It states in the Ohio Code Section of 2305.04, that it requires the trespasser, which is Mildred’s neighbor, to file his claim against Mildred within 21 years of the date of adverse possession. Mildred’s neighbor needs to prove that he has met the elements of adverse possession, as stated by Busziewicz v. Damion, 140 Ohio App. 3d 126, 130 (Ohio Ct. App., Cuyahoga County, 2000:
1. Possessor must have entered the property and have had exclusive use and possession of the
property;
2. Possession must have been open and notorious;
3. Possession must be adverse to the rightful owner and under a claim of right; and,
4. Possession must be continuous for a period of 21 years. For further case law on the subject, it states in Bebout v. Peffers, 1986 Ohio App. LEXIS 8030 (Ohio Ct. App., Knox County Aug. 18, 1986), that the Court found the burden of proof lies entirely on the party that is making an adverse possession claim. This same court in Bebout v. Peffers, also stated that the law presumes possession of land is under the regular title and the true owner has the benefit of all reasonable presumptions. Miss Mildred has the deed to show her property line boundaries and if the demarcation is going to change, then Mildred’s neighbor will need to prove his adverse possession statement by meeting all the elements, as defined by Ohio statute and case law precedent. In conclusion, if the neighbor does not file suit because he knows that he cannot prove the adverse possession allegation, then Mildred will need to file suit, show the court her deed and then have the offending fence removed, by her neighbor, and under court order.