another adverse possession question

[new owner]

What is the name of your state?OHIO
I bought a house in August w/an existing ingress and egress for "gravel driveway' for the neighbors to use. This appears to be my neighbors' driveway but since my lot goes at an angle actually half her driveway and some yard is my property. I had to get a survey done so I could actually see where my property line was. She previously owned my property for 20 years but sold to my previous owners in 2000 to build, that is why she has easement. Well, now that I am taking possession of my yard, approximately 5 foot beside her gravel drive, she says she is going to file for adverse possession b/c she has taken care of that part of the land for so long. Hope this is understandable. But since she didn't file for adverse possession b4 I moved in, she can't do that to me can she? I want to put up a privacy fence beside the gravel drive and do not want her calling the law to stop me.

 

[John Se]

Put her on notice to back off

Hard to make the adverse possession claim, she had possession for 20 years then sold your lot, clock starts over with your previous owners sale.

"To cut off the clock on an adverse possession case, the true owners must notify the possessors that they either are not welcome, which means the act is no longer peaceful, as required by statute, or that they do have permission to be there, which also cuts off the ability to raise an adverse possession claim because the real owners are acting as the owners".

Needs to have open and notorious possession as well, mowing the lawn wont do it. she would also have to prove that she was in possession contrary to the previous owners wishes, I.e not approved. contact the previous owner and find out the deal was, if it was peaceful, its not adverse--see how that works

Adverse possession is the first thing dumb hillbillies learn about realestate law, and they dont learn it very well. The other thing is a "quick claim
Deed" .

"The intent of the statutes is not to punish the true owner so much as to encourage someone to be responsible for the property," Gabriel said. "Generally, for adverse possession to be upheld, the true owner of the land must have notice that someone else is occupying his land, and fail to act in the statutory period of time."

 

[seniorjudge]

What is the name of your state?OHIO
I bought a house in August w/an existing ingress and egress for "gravel driveway' for the neighbors to use. This appears to be my neighbors' driveway but since my lot goes at an angle actually half her driveway and some yard is my property. I had to get a survey done so I could actually see where my property line was. She previously owned my property for 20 years but sold to my previous owners in 2000 to build, that is why she has easement. Well, now that I am taking possession of my yard, approximately 5 foot beside her gravel drive, she says she is going to file for adverse possession b/c she has taken care of that part of the land for so long. Hope this is understandable. But since she didn't file for adverse possession b4 I moved in, she can't do that to me can she? I want to put up a privacy fence beside the gravel drive and do not want her calling the law to stop me.

I want to hear more about the ingress and egress: is this easement in a deed?

Does your deed (where you got the land) say anything on the legal description about this easement, e.g., subject to any existing easements?