Adverse Possession Laws Ohio
You’ve probably heard folks talking about squatter’s rights, especially when some land’s been sitting vacant for ages. Well, guess what? These rights are legit in Ohio too, and in the legal world, they’re called adverse possession.
So, what’s the deal with adverse possession? It’s when someone basically moves onto someone else’s land and lives there long enough to eventually claim it as their own without shelling out any cash.
And how long do you need to squat? Well, 21 years, as per the Grace v. Koch case (1998), 81 Ohio St. 3d 557, 578. But here’s the kicker: just living there for 21 years doesn’t make it a done deal. The Squatter has to go through many legal hoops to claim it as their own, which is why you as a property owner should take charge before anything like that happens.
Squatting: More Complicated Than You’d Think
You’ve probably heard stories about people becoming “squatters” in abandoned homes or vacant vacation spots. In some wild cases, homeowners had to kick these squatters out of their places. And in a few states, squatters have somehow ended up owning the house. But in Ohio, that’s pretty unlikely because of how hard it is to prove adverse possession.
In Ohio, the real action with adverse possession usually happens when neighbors start arguing about where their property lines are. If someone’s been taking care of or using a piece of land that really belongs to their neighbor for a solid 21 years, they might have a legal shot at claiming it.
What Does It Take to Prove Adverse Possession in Ohio?
To claim adverse possession in Ohio, which means legally asserting that a piece of land is now theirs after using it for at least 21 years without the owner’s permission, several other criteria must be met:
Firstly, the use of the land must be “hostile.” In this context, “hostile” means without having a legal right to be on the land and without the owner’s permission.
Secondly, the possession must be “actual.” This entails doing something with the land, such as constructing a shed, garage, or maintaining it by regularly mowing or weeding.
Additionally, the use must be “exclusive,” indicating that the individual is the sole user of the land. If the land is utilized by the entire neighborhood or shared with a neighbor, it doesn’t qualify as exclusive use.
Furthermore, the use must be “open and notorious.” This implies that the land cannot be used secretly or covertly. It must be utilized in a way that is noticeable, similar to how the rightful owner would use it.
Lastly, the use must be “continuous.” This means that the land has been used without significant breaks for at least 21 years. Ohio does allow for “tacking,” which means that if the land is used in a manner similar to the previous owner, it qualifies as continuous use, even if ownership changes hands. For example, if there’s a shed on the land, and the new owner uses it in the same way as the previous owner, that is considered continuous use.
Does Ohio Honor Color of Title Claims?
The term “color of title” is a big deal in adverse possession law, but what does it really mean? Well, it’s like having a special document (usually written) that makes a squatter think they have a good reason to claim a property. This document might look like it’s a title to a property, but it’s actually defective or missing some important information.
Now, here’s the tricky part: In some places, having a color of title can make it easier to claim adverse possession because it shortens the time you need to live on the property. But in Ohio, it’s different. Even if you have a color of title, you still have to live on the property for a solid 21 years to claim adverse possession.
Having a color of title can be helpful if you end up in court trying to prove adverse possession. And if you successfully claim adverse possession, you’ll get a legal color of title to the property.
Getting Rid of a Squatter in Ohio: The Simple Steps
So, you’ve got a squatter on your property, and you want them out. But be careful because squatters do have some rights, and trying to kick them out forcefully can get you into legal trouble. Here’s what you should do:
- Talk to the Sheriff’s Office: Start by giving a call to your local sheriff’s office. Let them know about the squatter situation. They might help you sort things out right away, or at the very least, it creates a record that you’ve reached out to the right authorities.
- Use a 3-Day Notice: If you find out the squatter is involved in illegal stuff like drugs or is a convicted sex offender, you can hand them a 3-Day notice. This gives them 72 hours to pack up and leave.
- Try a 30-Day Notice: If the squatter isn’t up to any criminal business but is messing with safety, building, or housing rules, you can serve them with a 30-day notice. If they still don’t leave, you can kick off the eviction process.
- Get Legal with the Court: If the squatter hasn’t broken any laws or building codes, but you want them out because they’re not paying rent, you’ll need to go through the regular court procedures for evicting a tenant. Start by giving them a 3-day notice to either pay up or get out. If they stick around, serve an eviction notice. This tells them they’re no longer welcome, and it also cancels their claim to adverse possession. But remember, you must follow the legal process, and avoid any forceful eviction attempts. Doing things the wrong way can get you into legal hot water in Ohio.
Frequently Asked Questions
What are squatter’s rights in Ohio?
Squatter’s rights, legally known as adverse possession in Ohio, allow someone who has occupied another person’s property openly and continuously for at least 21 years to potentially claim legal ownership of that land.
Can I use force to remove a squatter in Ohio?
No, using force to evict a squatter is illegal in Ohio. You must follow the proper legal procedures and involve law enforcement if necessary to remove a squatter from your property.
Does having “color of title” affect squatter’s rights in Ohio?
Having “color of title” can strengthen an adverse possession claim in court, but in Ohio, it doesn’t reduce the 21-year occupancy requirement. You still need to meet the standard adverse possession criteria even if you have Color of Title.
