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

Q: 23 years ago.Rear of lot against 55 acres farm land with fence 4ft from mine. Maintained land 4ft.Prescriptive easement

23 years ago I bought and built a home on a lot 80 x 125 feet with back of lot against a 55 acre Open field With an old Barb-wired fence 4ft in a tree line against the back of my lot from my property line. I have maintained and taken care of this 4 feet up to the Fenceline for the duration of that time. I also placed up my own fence next to to their fence to house my pet dog at that time. Nothing ever said. Now last year that Open field sold. A developer is placing 113 housing units in there. I recently noticed that there was a New surveyors pen in my back yard exactly 3 1/2 to 4 feet in my yard showing their property line and where mine is suppose to end. Should I be concerned? It shows on the plot plan that there is a 7 1/2 foot easement to the line. Do I rightfully own this land now by prescriptive easement ownership beings that 21 years have passed. There is no mechanical or electrical wires in that area. This particular area is one long tree line in a straight line. Thank you.

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

A: An easement like that is not automatic. It must be established by filing in court claiming adverse possession. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records and all the facts of the situation, and then advise you of your options.

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