Legal Question in Real Estate Law in Ohio

There is section of common land directly behind my residential property that the builders/developers of my development were forced to leave vacant. I'm not sure why, but I believe the local city or the Army Corp of Engineers forced them to leave a certain % of land untouched, therefore making it "wetlands".

q1: how do I find out for sure whether or not it's truly deemed wetlands? Is the land Federally owned property, or does the land belongs to our Homeowners Association? If it's federally owned, should I assume our Homeowners Association has no legal right to tell me what I can/cannot do with that land?

q2: On my own accord, I've already taken a chunk of that (30' x 80') land & brought in yards of dirt & planted grass seed. Thus, I've been maintaining that chunk of land now for 2 yrs. If the land is wetlands, (& assuming a neighbor turns me in to the Army Corps of Engineers), can I get in trouble for assuming that land?

q3: Isn't there a section/clause in our U.S. Constitution or a law that states if a resident takes over a portion of unclaimed land & maintains it for an extended period of time, then that land eventually becomes his/her property?


Asked on 5/15/10, 7:03 am

1 Answer from Attorneys
Harold Paddock Harold Paddock Co. LPA

Let me take your questions in order. Q1. Usually the County Recorder and/or the County Engineer has maps (some online) that show flood planes and other areas of significance regarding waterways, wetlands, etc. You might start a search there. Q2. I don't think the Army Corps of Engineers would come after you but the Homeowners Association might. Q3. There is nothing in the constitution on that but there is a body of law called adverse possession that might apply. For your situation, the problem is that it takes 21 years of occupancy. You're still way far away from that rule applying. I might suggest contacting a real estate attorney in your community who will know more about the local terrain and land use limitations.

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Answered on 5/20/10, 11:01 am


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