Grace v. Koch
Ohio Supreme Court
692 N.E.2d 1009 (1998)
Relevant factsFree
The Kochs (defendants) bought property from Grace (plaintiff) and used an adjoining 34-foot strip of land, still owned by Grace's parents, as a side yard for decades, receiving express permission from Grace's parents to mow the strip and conceding at trial they would never have used it without that permission; after Grace inherited the strip from his parents and grew frustrated with noise from the Kochs' activities there, he sued for trespass. The trial court found the Kochs had acquired the strip by adverse possession, the court of appeals reversed, and the Kochs appealed.
IssueFree
Whether a titleholder's grant of permission to use his or her land negates the user's claim of adverse possession.
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