Finding a fence, shed or driveway crossing onto your land can cause stress. Property owners often discover boundary issues during surveys before a sale or renovation. Ohio law provides several ways to address these conflicts without going to court.
What does a survey reveal about boundaries?
A licensed surveyor can measure your lot and compare it with recorded deeds and plat maps. The survey can help identify whether a fence, structure or landscaping crosses a property line. A survey can provide important evidence about the location of a disputed property boundary.
Survey costs can range from several hundred to more than a thousand dollars, depending on the property’s size and complexity. The expense may help prevent further costs by showing whether an encroachment actually exists.
Can neighbors resolve disputes without court?
Direct discussions can resolve some boundary disputes. You may agree to let a neighbor’s structure remain through an easement in exchange for payment or other terms. The parties should generally record an appropriate written agreement with the county recorder to help protect the agreement against certain future purchasers and other parties as provided by law.
Mediation can provide another option when direct discussions fail. A neutral mediator can help both parties explore solutions, such as a boundary line change or mutual easement. These solutions may resolve the dispute while preserving the relationship between neighbors.
When does litigation become necessary?
A court case may become necessary when negotiations fail or an encroachment causes significant harm. Depending on the circumstances, a court may order removal of an encroaching structure or award damages. Evidence may include surveys, photographs, property records and testimony about the encroachment.
Adverse possession claims can also complicate some disputes. In Ohio, a neighbor may claim ownership of part of a property after at least 21 years of qualifying adverse possession. The claimant generally must establish that the possession was open, notorious, adverse, continuous and exclusive. A court must determine whether the legal requirements have been met.
Protecting your ownership rights
Property line disputes require careful documentation and attention to the facts. A survey can help establish the location of the disputed boundary. Written agreements may provide another way to resolve the issue without litigation. An attorney can help you understand your options based on the specific facts of your dispute.
