Nolen v. Rase
2013 Ohio 5680
Ohio Ct. App.2013Background
- Contiguous landowners dispute a boundary strip between their properties and sue to quiet title and alleging trespass and unjust enrichment.
- Appellants Nolen erected a fence in 1976 and maintained up to what they believed was the boundary line.
- Appellees Rase obtained the land in 1978 and 1987 and treated the fence line as the boundary for many years.
- A 2010 survey suggested a different boundary, but the parties continued to treat the fence line as the boundary for over two decades.
- Trial court found in favor of appellees on the adverse-possession issue; no damages were awarded for grass trespass in a separate ruling. Appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly applied adverse-possession law. | Nolen argues misapplication of the adverse-possession standard. | Rase contends evidence supports the standard and its application. | No error in application of adverse possession law. |
| Whether the evidence supports adverse possession by appellees. | Nolen contends the loss of control over the land undermines possession. | Rase asserts exclusive, open, notorious, continuous use for 21 years. | Evidence supports adverse possession for the requisite period; judgment affirmed. |
Key Cases Cited
- Grace v. Koch, 81 Ohio St.3d 577 (1998) (adverse possession standard components and timing)
- Edgington v. Newman, 2012-Ohio-4962 (4th Dist. Adams App.) (adverse possession framework applied)
- Thompson v. Hayslip, 74 Ohio App.3d 829 (4th Dist. 1991) (manifest-weight review of possession findings)
- Spurlock v. Pemberton, 2013-Ohio-4002 (4th Dist. Lawrence No. 13CA1) (manifest-weight standard for land disputes)
- Pottmeyer v. Douglas, 2010-Ohio-5293 (4th Dist. Washington No. 10CA7) (evidence sufficiency in adverse possession)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (highly deferential standard; some evidence suffices)
- Shemo v. Mayfield Hts., 2000-Ohio-1018 (Ohio Sup. Ct.) (credibility and weight given to witness testimony)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (syllabus foresees standard-of-review framework)