The Kiesels also testified, stating that they had owned the land since 1993, had farmed up to the ditch for ten years, had placed the land into the Conservation Enhancement Reserve program in 2003 and still received annual payments from the government for the land. Two farmers testified that they had farmed the disputed land for the Kiesels' predecessor from 1975 to 1993, although one farmer stated that he didn't believe all of the land had belonged to the predecessor.
In this case, the Kiesels offered proof through the testimony of several witnesses. Landowners often ask what type of evidence will prove the elements of adverse possession. Offering Evidence to Prove Adverse Possession If the party proves each element of adverse possession, the court will order a new deed that changes title to the property. A party claiming land by adverse possession must prove that he or his predecessors had exclusive, continuous possession of the disputed land for at least 21 years and that the possession was open, notorious and adverse to the legal title holder. Today, adverse possession is a controversial law used to try to resolve misunderstandings about boundaries established long ago. Since the new boundary reduced their parcel by seven acres, the Kiesels filed a lawsuit, claiming title to the seven acres of land by adverse possession.Īdverse possession is an old law its historical purpose was to encourage settlement of the frontier by rewarding "squatters" who put land into productive use. A recent land survey established a new legal description and a boundary line between the farms the survey placed the boundary line 126 feet east of a ditch that the Kiesels had previously considered the boundary. Hovis, centers on a land dispute between two adjacent farms in Sandusky County, Ohio.
#Judgment notwithstanding the verdict trial
Professor, OSUE Agricultural & Resource Law ProgramĪ recent decision by the Ohio Court of Appeals addressed two important legal standards: the proof necessary to claim title to another's land by adverse possession and conditions allowing a trial court to set aside a jury's verdict.
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