Pickerington, OH asked in Real Estate Law for Ohio

Q: My neighbor said she is going to move a fence line because it is 5' into her property. The fence has been in place for

30 years, I have lived here 16 years and her around 12. I have around 15 established shrubs that will be in her yard if she moves the fence line and she said they will transplant them back into my yard which will probably kill some of them. If she wanted to move the fence line I think she should've spoken to me about it years ago. Is there a law in Ohio called adverse possession and what do you suggest I do? There is legally a ten ft easement where the shrubs are and electric and cable.boxes by the fence line

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
Answered
  • Cincinnati, OH
  • Licensed in Ohio

A: Yes, a claim for adverse possession can succeed if the property has been used for 21 years continuously, counting both your ownership and prior ownership. But you would have to go to court to make that claim, and the court would have to agree. Use the Find a Lawyer tab to contact a local real estate attorney at once, before she moves the fence.

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