60 Year Old Garage Encroachment

[ElwoodBlues]

What is the name of your state? Ohio

I live next to an empty lot in a 100+ year old house in an older neighborhood. I purchased my property in Sept 2002. The owner of the empty lot purchase it from his father in Feb 2002 who in turn acquired it in 1988. On my property is a garage that was built in 1947 and a driveway apron that was installed before I acquired the property (based on how it looks, I would say it has been there for 40+ years).

Last week, the empty lot was surveyed and it was discovered that the eaves of the garage (plus gutters) hang over the property line and a part of the apron actually lies within the empty lot. I ran into the empty lot's owner's father (elderly Italian gentleman) who informed me that I would have to re-locate my driveway apron and move my garage.

I've been trying to research Ohio Real Estate law, but cannot seem to find anything that helps. Any advice is appreciated. I am getting ready to sell the property and am now scared to death that I am going to be forced to incur some insane expense - or worse yet, be unable to sell the property.

I am not aware of any easements on the property, but I do know that the title cleared without question. The mortgage survey seemed to come back without anything unusual noted. Am I going to have to somehow move or demolish the garage and/or apron? Am I overlooking something in the closing paperwork?

Thank you so much for listening!
Heather

[FarmerJ]

AFTER having a boundry survey done that will show on paper where the garage sits and if it shows encroachment onto his land. Why not suggest to trade in writting a equal amount of land to be used by him on your side of the lot line by giving him written consent for use of the same amount of footage the garage occupys until such time that the garage is destroyed by weather or fire or becomes declared a hazzard by local city county govt , or is remodeled or changed in any way other than basic preventitive maint ? Other wise search out house moving firms and have the garage lifted, moved and then cut enough of the concrete pad away to remove the encroachment. BTW a real estate Atty should be able to draw up the agreement for you worded well enough that both of you might be satisfied. Including a small one time incentive payment by you to him to help encourage his cooperation.

[seniorjudge]

You may have an ohio prescriptive easement (Google that exact term).

I cannot imagine a court forcing you to move your driveway and garage after six decades.