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15 Ohio opinions name it 2 courts 1998–2026 1 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Lane v. Kennedygreen2 sentences2026To be adverse, “there must have been an intention on part of the person in possession to claim title, so manifested by his declarations or acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim.” Id. at ¶ 18, citing Lane v. Kennedy, 13 Ohio St. 42, 47 (1861). “[A]ny use of the land inconsistent with the rights of the titled holder is adverse or hostile.” Id. 2026To be adverse, “there must have been an intention on part of the person in possession to claim title, so manifested by his declarations or acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim.” Id. at ¶ 18, citing Lane v. Kennedy, 13 Ohio St. 42, 47 (1861). “[A]ny use of the land inconsistent with the rights of the titled holder is adverse or hostile.” Id. | 2 | 13 |
Bravard v. Currangreen2 sentences2008In order to establish adverse possession, there must have been an intention on the part of the person in possession to claim title, "so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Grace v. Koch , 81 Ohio St.3d at 581 , 692 N.E.2d 1009 ; see also Bravard v. Curran , 155 Ohio App.3d 713 , 2004-Ohio-181 , 803 N.E.2d 846 , ¶ 11 (merely mowing the grass or *Page 403 engaging in minor landscaping is insufficient in itself to establish adverse possession). {¶ 69} A 2008In order to establish adverse possession, there must have been an intention on the part of the person in possession to claim title, "so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Grace v. Koch , 81 Ohio St.3d at 581 , 692 N.E.2d 1009 ; see also Bravard v. Curran , 155 Ohio App.3d 713 , 2004-Ohio-181 , 803 N.E.2d 846 , ¶ 11 (merely mowing the grass or *Page 403 engaging in minor landscaping is insufficient in itself to establish adverse possession). {¶ 69} A | 2 | 2 |
Grace v. Kochgreen2 sentences2012In other words, “‘there must have been an intention on the part of the person in possession to claim title, so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim.’ (Emphasis sic.)” Grace, 81 Ohio St.3d at 581 , quoting Lane v. Kennedy, 13 Ohio St. 42, 47 , 1861 WL 90 (1861). 2008In order to establish adverse possession, there must have been an intention on the part of the person in possession to claim title, "so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Grace v. Koch , 81 Ohio St.3d at 581 , 692 N.E.2d 1009 ; see also Bravard v. Curran , 155 Ohio App.3d 713 , 2004-Ohio-181 , 803 N.E.2d 846 , ¶ 11 (merely mowing the grass or *Page 403 engaging in minor landscaping is insufficient in itself to establish adverse possession). {¶ 69} A | 1 | 8 |
Morris v. Androsgreen2 sentences2008In order to establish adverse possession, there must have been an intention on the part of the person in possession to claim title, "so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Grace v. Koch , 81 Ohio St.3d at 581 , 692 N.E.2d 1009 ; see also Bravard v. Curran , 155 Ohio App.3d 713 , 2004-Ohio-181 , 803 N.E.2d 846 , ¶ 11 (merely mowing the grass or *Page 403 engaging in minor landscaping is insufficient in itself to establish adverse possession). {¶ 69} A 2008In order to establish adverse possession, there must have been an intention on the part of the person in possession to claim title, "so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Grace v. Koch , 81 Ohio St.3d at 581 , 692 N.E.2d 1009 ; see also Bravard v. Curran , 155 Ohio App.3d 713 , 2004-Ohio-181 , 803 N.E.2d 846 , ¶ 11 (merely mowing the grass or *Page 403 engaging in minor landscaping is insufficient in itself to establish adverse possession). {¶ 69} A | 1 | 2 |
Philbin v. Carrgreen2 sentences1998See, also, Philbin v. Carr (1920), 75 Ind.App. 560, 591 , 129 N.E. 19, 30 . {¶ 16} There is no question that the Kochs used the strip. 1998See, also, Philbin v. Carr (1920), 75 Ind.App. 560, 591 , 129 N.E. 19, 30 . {¶ 16} There is no question that the Kochs used the strip. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Darling v. Ennis
green
2 sentences1998In Lane v. Kennedy (1861), 13 Ohio St. 42 , this court stated that to make possession adverse, “there must have been an intention on the part of the person in possession to claim title, so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim.” (Emphasis sic.) Id. at 47 . {¶ 15} The Vermont Supreme Court stated the same proposition more colorfully when it declared that to establish adversity, “[t]he tenant must unfurl his flag on the land, and keep it flying so that the 1998In Lane v. Kennedy (1861), 13 Ohio St. 42 , this court stated that to make possession adverse, “there must have been an intention on the part of the person in possession to claim title, so manifested by his declarations or his acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim.” (Emphasis sic.) Id. at 47 . {¶ 15} The Vermont Supreme Court stated the same proposition more colorfully when it declared that to establish adversity, “[t]he tenant must unfurl his flag on the land, and keep it flying so that the | 3 | 1998–2000 |
Evanich v. Bridge
green
2 sentences2017To be adverse, "there must have been an intention on part of the person in possession to claim title, so manifested by his declarations or acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Lane v. Kennedy, 13 Ohio St. 42, 47 (1861). "[I]ntent is objective rather than subjective in determining whether the adversity element of adverse possession has been established[.]" Evanich v. Bridge, 119 Ohio St.3d 260 , 2008-Ohio-3820 , 893 N.E.2d 481, ¶ 13 . 2017To be adverse, "there must have been an intention on part of the person in possession to claim title, so manifested by his declarations or acts, that a failure of the owner to prosecute within the time limited, raises a presumption of an extinguishment or a surrender of his claim." Lane v. Kennedy, 13 Ohio St. 42, 47 (1861). "[I]ntent is objective rather than subjective in determining whether the adversity element of adverse possession has been established[.]" Evanich v. Bridge, 119 Ohio St.3d 260 , 2008-Ohio-3820 , 893 N.E.2d 481, ¶ 13 . | 1 | 2017–2017 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.