James’s three-foot intrusion into Martha’s home could not be considered as adverse ownership. According to paperwork, Martha bought her property 40-years ago. James (defendant), had installed a 3-foot fence onto Martha’s property. This was because she wanted her land to be surveyed as an elderly woman. James could have submitted an Ohio Rev. affirmation if the title deed revealed that there was no railing. Ann. Code Ann. This will help establish if James might have filed a claim to ownership of the property if it had been installed 21+ years ago than the Ohio county recorder recorded (Megarry, et al. (2012)).
If there is no Ohio County record that confirms the filing and neither party recalls when it was fenced, then the 21 year statute of limitations will indicate that fencing was done. Martha would be able to remove the railing. James will have to provide evidence. He will need to clear up the fence that he put on Martha’s property 21 years ago to take possession under hostile ownership legislation. Martha saw the fence when she visited Martha’s property. However, it is not clear how long ago it was. James must prove that the parcel he claimed executive ownership over was actually constructed 21 years earlier than he claimed. Martha is shown as the owner of the land in the title paperwork. The inspection shows that James built the fence and encroached upon Martha’s property by 3 feet (Megarry and al. 2012).
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