Kent, OH asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio

Q: I have a question about property owners rights. We have a neighbor that has been mowing our property and asked not to

We have a situation that our neighbor mows our property even though we have asked him not to and have shown him the property stakes but he still continues and has mental problems, schizophrenia, we don't want to upset him but he has put out a garden and logs to claim it. They unknowingly put up a arch on our property and have planted ornamental grass on it as well. We have told them about it but they do not want to move it. What are our rights and how can we claim it back? What do you do in this kind of situation?

1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Real Estate Law Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: You could send them a letter giving them "permission" to keep it there, but advising you retain the right to have it removed at any time. Send the letter by certified mail with return receipt, to defend against any claim by them for "adverse possession." Or you could demand that they remove it, and if they don't, you could file a lawsuit for trespass. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of these options.

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