Ohio Laws on Adverse Possession

Ohio allows trespassers to become legal owners of property in certain situations.

Through "adverse possession," a person may gain legal ownership of land--the principle allows a trespasser to become a legal owner. Ohio allows for adverse possession only when a claimant satisfies specific requirements.

Rationale for Adverse Possession

Adverse possession is a common-law concept that recognizes that land is a valuable resource and should be put to use. If an owner has, for all intents, abandoned her property, or has moved away and makes no efforts to maintain it, the law allows someone else to legally trespass and possess, if that person can overcome stringent legal requirements.

Standards in Ohio

Ohio Code Section 2305.04 requires the trespasser to file his claim against the legal landowner within 21 years of the date of adverse possession. Ohio allows a person with an "unsound mind" to bring an adverse-possession action within 10 years after the disability is removed.

No Specific Intent Required

Many states require that an adverse possessor have specific intent to take the property of another. This is not the case in Ohio. The Ohio Supreme Court in Evanich v. Bridge (119 Ohio St.3d 260) determined that the intent to possess is objective, rather than subjective, and that the acts of possession and use, rather than the mind-set of the trespasser, are the determinative factors.

References

• Justia: 2006 Ohio Code Section 2305.04
• The Supreme Court of Ohio: Evanich v. Bridge