Results 1 to 7 of 7
  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default Neighbor is Suing for Prescriptive Easement and Adverse Possession

    My question involves real estate located in the State of: Ohio
    I currently have a lawsuit against my neighbor. I bought my home in 2007 and had a survey done-it listed an encroachment 3.2 feet. In 2008 my neighbor asphalted the 3.2 feet and 2.7 more feet on my property to give her room for a driveway on the side of my home.
    This lawsuit has been exhausting! and very annoying. She has lied through the entire lawsuit - her latest is saying that there has been a gravel drive on the side of my home for over 30 years and she has been using it and it was open and notorious for everyone to see.
    I do have pictures from the county proving there was no gravel driveway there- however, she has got someone to lie for her in court saying that he has lived in the neighborhood for over 31 years and there was a gravel driveway on the side of my home for 31 years and my neighbor was using it and her family memebers. My question is- she has not owed the home for 31 years- she only occupied the home per her affidavit in 2003
    She in her answer to the court wants a prescriptive easement/adverse possession.
    Can she do this?? my attorney is so laid back about the entire sitituation- he says she has no case- but she has lied so much and has people willing to go to court and lie for her and all i have are pictures. Will the pictures and a surveyor who did my survey in 2007 who will testify for me saying there was no gravel driveway on the side of my home. - Will this be enough?
    This is my property- not fair that someone who is OLD can sit there and pull the 21 year rule out- not fair to me - i know it is my property and no one was using it.
    Can she possibly win? just from her and people willing to lie for her in court against my pictures and a surveyor testifying?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    Get more pictures, including satellite pictures. Think Google Maps, Google Earth (it may include historic images for your home), TerraServer, and similar sources... you may be able to find a local company that has taken aerial pictures at various times in the past.... If nothing else, your pictures should show a break in any claimed use when not only was there a complete absence of gravel, but for long enough of a period that the grass grew back.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    I would certainly start with Mr. K's advice.

    While getting historic photos from the County, ask for them to certify the copies in writing as compliant with their originals. You want your evidence to be as reputable as possible in the Common Pleas Court.

    Your attorney is laid back for one of two reasons:

    1. Complete idiot.

    2. Clear knowledge of Ohio case law regarding adverse possession and has all ducks in a row.

    I hope it's #2. Adverse posession has been historically difficult to prove in Ohio. But I have seen it work against a railroad (!).

    Justice Pfeifer of the Ohio Supreme Court is the typical court commentator on these cases in Ohio.

    He has written several good reviews for the public on this subject.

    Here is one of them:

    http://www.supremecourt.ohio.gov/SCO...9/jp011409.asp

    Lying about matters of fact in an Ohio court can have grave consequences. Courts will generally give higher credence to licensed surveyors in testimony as to matters of fact. Surveyors are held to a higher standard and courts generally reflect this.

    I assume that your attorney is prepared to deal with perjury. They are pretty good at making the consequences clear to witnesses.

    You have not stated whether you have title insurance or whether you obtained title to your property through some kind of warranty deed. Could also have a bearing for you.

  4. #4
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    Thank you all for your advice.
    My case has been referred to mediation. I am hoping because the court sees that my neighbor has contradicted herself in all 7 of her affidavits.
    In recent weeks. I have contacted family members of the owners that owed my house prior. I have excellent pictures proving there has never been a gravel driveway on the north side of my home.
    The unfortunate thing is that- I know she (my neighbor) will not settle. She believes she is entitled to my property because she needs it.
    I am hoping justice does prevail- I am still not too fond of the court system right now. I just don't see how someone can take someone else’s property.

    I asked my attorney about perjury and he told me that it is not worth fighting and the court probably will not do anything about her lying. That is shocking to me. Why even swear under god and tell the truth if it does not matter.
    I think that is why she is lying- she knows nothing will be done.

    I am disappointed in the court system. Why even have one? The court is supposed to help the victim not the criminal.

  5. #5
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    I'm wondering how this got shunted off into mediation.

    Hopefully your attorney knows. Maybe it is the judge.

    The perjury thing is very disturbing to me also as an Ohioan.

    Since you already have an attorney you have to stay the course at this point.

    Good Luck!

  6. #6
    Join Date
    Jan 2010
    Posts
    3

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    Thank you for your advice. I won my case. I got my property back!! Crazy I had to sue for it in the first place. Driveway coming out and FENCE going up.
    Thanks again

  7. #7
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,558

    Default Re: Neighbor is Suing for Prescriptive Easement and Adverse Possession

    Congratulations!

    And thanks for coming back and "closing the loop".

    1. Sponsored Links
       

Similar Threads

  1. Adverse Possession or Prescriptive Easement for Road to Condo Units
    By Daniel S Connelly in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 10-12-2010, 06:26 PM
  2. Does Neighbor Have Prescriptive Easement
    By auntnana21 in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 11-21-2009, 05:10 PM
  3. Adverse Prescriptive Easement
    By zardiw in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 04-06-2009, 07:09 PM
  4. Adverse Possession: Prescriptive Easements and Adverse Possession
    By Sgann723 in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 04-13-2008, 08:01 PM
  5. Adverse Possession: Adverse Possession And Prescriptive Easement In New Jersey
    By RGI in forum Real Estate Ownership and Title
    Replies: 5
    Last Post: 01-24-2008, 09:21 AM
 
 
Sponsored Links

Legal Help, Information and Resources