Ohio recognizes adverse possession after 21 years, the limitation period in Ohio Revised Code 2305.04 for an action to recover real property. A squatter must possess the land openly, notoriously, exclusively, continuously, and hostilely for the full 21 years and prove every element by clear and convincing evidence. A lawful tenant cannot gain title this way.
ORC 2305.04 provides that "an action to recover the title to or possession of real property shall be brought within twenty-one years after the cause of action accrued." Because the true owner loses the right to sue after 21 years, Ohio common law allows a possessor to perfect title by adverse possession only after that full 21-year period. Courts require the claimant to show possession that is open, notorious, exclusive, continuous, adverse (hostile), and proven by clear and convincing evidence. ORC 2305.04 also tolls the period for an owner who is a minor or of unsound mind, allowing suit within 10 years after the disability is removed. A tenant in lawful possession under a lease cannot acquire title against the landlord; these rules apply to genuine squatters and boundary disputes, not renters.
A trespasser who fails to satisfy every element for the full 21 years acquires no title and may be removed by an ejectment or forcible entry and detainer action; criminal trespass charges may also apply to someone occupying with no claim of right.
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