Neighbor trying to claim common land?

[GhostDragon]

Location: ohio

Area: we live in a township which is covered by a county.
(I can PM the county and township if needed to answer this question)

common land, between the back of 2 properties is owned by a homeowners association.
ALL residents pay a fee to the association and all residents are allowed to take care of the property with certain restrictions to cutting trees, fertilizer, etc.

A neighbor may be attempting to claim the common proper by proof of hiring mowing company and such,
We have video showing we take care of the property, but its not much.

How long do they have before they can claim it?
How do we prove that they cant claim it?

What happens if they do it secretly?

The association owns it the common property. residents pay yearly fee. anyone can take care of it and play on it with certain restrictions.

Does anyone know how to find the laws for this?

 

[Zigner]

This is something you need to bring up to the HOA.

 

[GhostDragon]

home owners association? right?

I know they have a lawyer.
I was hoping someone could help me find the laws for my area regarding this stuff.

Because I want to educate myself.

I try looking it up online, but i dont know how to find this stuff.

 

[Zigner]

home owners association? right?

I know they have a lawyer.
I was hoping someone could help me find the laws for my area regarding this stuff.

Because I want to educate myself.

I try looking it up online, but i dont know how to find this stuff.

This isn't your battle to fight. You have no dog (directly) in this fight. You stand equal to the other neighbor.

 

[latigo]

Location: ohio

Area: we live in a township which is covered by a county.
(I can PM the county and township if needed to answer this question)

common land, between the back of 2 properties is owned by a homeowners association.
ALL residents pay a fee to the association and all residents are allowed to take care of the property with certain restrictions to cutting trees, fertilizer, etc.

A neighbor may be attempting to claim the common proper by proof of hiring mowing company and such,
We have video showing we take care of the property, but its not much.

How long do they have before they can claim it?
How do we prove that they cant claim it?

What happens if they do it secretly?

The association owns it the common property. residents pay yearly fee. anyone can take care of it and play on it with certain restrictions.

Does anyone know how to find the laws for this?

I think you are over reacting with this business of "thinking" a neighbor may be attempting to claim the common property".

If you are suggesting that he has designs to ultimately acquire ownership by adverse possession, he could not possibly accomplish it "secretly".

The reason being that one of the elements necessary to claim right by adverse possession is that the possession is open, exclusive, notorious and adverse to the possessory rights/title of all others.

Furthermore, it is impossible to acquire title to land by adverse possession when the claimant has a legal right to its use and/or the usage is consensual. Permissive use can never be equated to adverse use.

Don't be so paranoid. For reasons above mentioned and others (including the payment of ad valorem taxes for a specific period of time) it just ain't going to happen.

 

[GhostDragon]

What if they are forcefully attempting keeping other residents off the land?
(Which is against the association rules)

 

[LdiJ]

What if they are forcefully attempting keeping other residents off the land?
(Which is against the association rules)

Make a formal complaint to the HOA.

 

[Just Blue]

What if they are forcefully attempting keeping other residents off the land?
(Which is against the association rules)

How are they "keeping other residents off the land" ?

 

[GhostDragon]

Will do.

If there is anything relevant that anyone can tell me, I would appreciate it.

Thanks for helping

 

[Just Blue]

Will do.

If there is anything relevant that anyone can tell me, I would appreciate it.

Thanks for helping

Please answer post 8

Thanks
Blue

 

[latigo]

What if they are forcefully attempting keeping other residents off the land? . .

Your word "attempting" seems appropriate here in describing my effort to get you to understand that the associate member neighbor will never be able to quiet title to the common area in question by right of adverse possession. Not under the circumstances you describe.

In the state of Ohio "a party who wishes to acquire title to real property by adverse possession must show exclusive possession and open, notorious, continuous and adverse use of such property for a period of twenty-one years." *

And once again - even though Ohio, unlike some other states, does not require the payment of ad valorem taxes for the statutory period (as I erroneously mentioned earlier) - possession is never adverse or hostile if it is permissive or consensual. **

It is of course conceivable that the neighbor could convert his present permissive use to that of hostile and adverse by enclosing the property with concentrina wire, adding a moat and draw bridge and hiring 24/7 armed guards and maintain it as such for 21 years!

A thought that may have already entered your paranoid noggin, but is it likely?

Fini!
__________________


[*] Kiesel vs. Hovis, Court of Appeals of Ohio 6th App. Dist., Sandusky County, Trial Court Case. No. 10CV 1085 (2013); Grace v. Koch, 81 Ohio St.3d 577, 579, 692N.E.2d 1009 (1988).

[**] Kiesel vs. Hovis Ibid, citing: Van Buren v. Worley, 6th Dist. Lucas No. L-95-049, 1995 WL 704096 (Dec. 1, 1995); Hinman v. Barnes, 146 Ohio St. 497, 66 N.E.2d 911 (1946).

 

[GhostDragon]

Sorry didn't see post 8 because of delay between refreshing page and clicking reply.

Whenever we are on the land, they come right within 1 foot of our faces yelling at us and waving some kind of papers around, I even got assaulted at one point and filed a report.
They only been here about half as long as us in the neighborhood.

We aren't the only ones they yell and scream at, I seen it happen to other neighbors before.
However, we still take care of the land and play o it regardless of their actions towards us.

EDIT:
I heard about some kind of homestead law that only takes a couple years to acquire a common property, is this true?

Sorry I seem paranoid.

 

[LdiJ]

Sorry didn't see post 8 because of delay between refreshing page and clicking reply.

Whenever we are on the land, they come right within 1 foot of our faces yelling at us and waving some kind of papers around, I even got assaulted at one point and filed a report.
They only been here about half as long as us in the neighborhood.

We aren't the only ones they yell and scream at, I seen it happen to other neighbors before.
However, we still take care of the land and play o it regardless of their actions towards us.

EDIT:
I heard about some kind of homestead law that only takes a couple years to acquire a common property, is this true?

Sorry I seem paranoid.

See the post right above this one.

 

[GhostDragon]

well, we know where the property lines are. And we continue to enjoy the common property both for recreation and when taking care of it.

Thanks for posting the info, We plan to ask the HOA soon, just haven't gotten around to it.