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?