Legal Question in Real Estate Law in Ohio

Eminent domain

We have lived on our property for eleven years and have cared for this property, which includes our septic system and a small shed. Now from and aerial view our neighbor is trying to claim this piece of ground. Do we have a right to eminent domain over this piece of our propery. They have lived next to us for only nine years.


Asked on 7/24/08, 8:15 am

1 Answer from Attorneys
Teri Rasmussen Lane, Alton & Horst, LLC

Re: Eminent domain

Eminent domain is applicable only to government taking of land. What you mean is whether you can claim the property through "adverse possession". In Ohio and many other states, adverse possession requires "open and notorious" occupation of land for at least twenty-one years. This means that there wasn't some sort of implied consent for continued occupancy and that your acts indicated you were claiming ownership.

At this point, neither you nor your neighbor have enough time in to claim the property by adverse possession. If you think or know it's not yours, it might be best to get a survey, find out, and just buy that sliver.

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Answered on 7/24/08, 8:42 am


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