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Old 10-27-2012, 07:14 AM
 
Location: Ohio
37 posts, read 193,822 times
Reputation: 34

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I recently bought a home sitting on 5 acres. When I walked to the very back of my property I could see some old stakes with pink ribbons indicating my property line. Basically my house backs up with 5 acres to the street behind me. All of those houses back up with 1 acre. I noticed my back neighbor has planted two pine trees on my property (therefore extending their 1 acre back another 20 yards or so). I spoke with my other neighbor and he confirmed the trees would be on my land (he has a 5 acre lot right next door to mine). The previous tenant of the house I bought never really went back there for the last 12 years however the city does have on record that I own the full 5 acres, which is also what I agreed to purchase. I know the land where they have the trees planted is mine.

If I don't act quick could the neighbor keep my land they have planted trees on? Does my time to act start when I purchase the house or could I be in trouble since the previous owner never said anything to the neighbor. I'm thinking my first step is to get a new survey and have them put down concrete poles. Once I have 100% proof its my land, then I could approach the owners and just politely let them know the trees are on my side of the property line. The thing is I really don't care that they plant a tree there but I don't want to lose my land. I also don't want to stir anything up with my neighbor if it isn't necessary.

Any advice or suggestions would be greatly appreciated. Thanks!
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Old 10-27-2012, 08:43 AM
 
Location: The Raider Nation._ Our band kicks brass
1,853 posts, read 9,685,671 times
Reputation: 2341
I don't believe planting trees is enough on Ohio. They have to be in continuous possession.

Adverse Possession and Prescriptive Easements




Any time you want to research laws in Ohio, start your google search with "Ohio Revised Code". After that add squatters rights, property rights, driving laws, license plates, or whatever it is you want to search about.
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Old 10-27-2012, 09:59 AM
 
3 posts, read 26,820 times
Reputation: 11
I'm not yet a resident of Ohio, nor an expert on local law, but if you neighbor plants trees on your property, they become your trees, do they not?
It is not as though your neighbor parked his car on your property, but a tree is an elemental part of the land and hence a integrated part of your property.
Best course would be to discuss the issue with your neighbor, perhaps with a survey report in hand.
At all times you are free to dispose of any tree not planted by you or a state authority, and which sits squarely on your property without any known easement or overhang. Your neighbor can have no legal voice in your landscaping decisions.
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Old 10-28-2012, 07:31 AM
 
5,756 posts, read 3,996,484 times
Reputation: 2308
You need to have your property surveyed first if the trees are on it cut them down.A friend of mine is in the same position right now with his A personality neighbor who took advantage of his ailing father problem is my friend is an A personality too. My friend suggested financial compensation for the several feet of encroachment [ His neighbor had a driveway and garage built while his father was in the hospital ] .....To avoid conflict see if your neighbor is a good guy or gal and be nice maybe compromise.

Is it city water sewage or septic? Root systems do a great deal of damage check to see how your utilities run....
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