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

Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I have spent almost 20 years in is in my deceased brothers name what are my options she says I unlawfully and forcibly detain the property and don't pay rent

1 Lawyer Answer
Taylor P Waters
Taylor P Waters
Answered
  • Worthington, OH
  • Licensed in Ohio

A: If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if they'd be willing to lease you the property or compensate you for the improvements you made.

You might also be able to successfully counterclaim for the improvements you made if you can prove you're the one who made them.

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