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Me and my wife are purchasing this home and property line is a bit awkward; as there is a triangle shaped piece of land that belongs to a business that sits at the corner of the street.
That piece of land is fenced off from the rest of that businesses property and is only accessible through our soon to be property.
I'm likely going to be forced to maintain it, which I have no problem with but I also would like to use it. Can i legally do so even though someone else owns it.

Here is a picture; the purple highlighted area is what we are purchasing.

This is in Ohio BTW

89555
 

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If it is theirs, you don't have a right to use it. They may allow you to, but that is their call.

I wouldnt put anything of any value on it, unless you have it in writing that you are allowed to use it.

Many people and businesses won't allow it because then you become a tenant and now have rights.

We have a grassy section of our property that is next to our neighbors place. It is separated by a blackberry "fence". They maintain it so it looks nice next to their place, but is emphatically ours.

I don't mind, they are great neighbors and I am so busy at work I can barely keep up with what we can see, let alone what I can't see.
 

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Find out about adverse possession in your state - They kind of messed up with that fence

Adverse possession legal principle under which a person who does not have legal title to a piece of property — usually land — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.
 

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They still have access to their triangle if they wish to do so. They just have to go through their fence, of course if they put a gate in the fence it will be easier. Driving across your land to access their land is generally not a good idea for either of you.
 

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Find out about adverse possession in your state - They kind of messed up with that fence

Adverse possession legal principle under which a person who does not have legal title to a piece of property — usually land — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.
Adverse possession can take decades in most states now. It's way more than just, "Well, he had a fence up and I've been using this side and nobody said anything." And in a good number of states, even if you manage to go 10 years of obviously maintaining it, you'll never get it because they've maintained their taxes.

I think, based on the drawing, that it's actually two separate weird lots. The business may own both but they are deeded separately.

OP could just ask if they could buy it. But first, should actually check with the tax assessor's office to see who actually owns that little triangle. It may not belong to the business at all, or may belong to the business's owner or family member.
 

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It’s their property, and they have access to it they just need to install a gate or rebuild the fence on the actual line. Not yours to maintain and not yours to use.

not a problem or issue.

if you would like to work something out, you can approach them about it, rent it, maintain it, use it, buy it, with their ok. If you want.

often businesses don’t like that as they have a hard time getting their property back, but you never know.
 

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It looks like part of the business’s lot to me based on the black lines on the map that appear to be property lines.
What I am surprised about is that they let you build so close to the lot lines in that area!
 

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Oh, your questions!
I don’t see why you feel FORCED to maintain it. If they let it go, you complain, they have to maintain it or get fined.
You want to use it how? To put a shed on or just play lawn darts?
I would bet if you’re nice about it and the business owner is cool, they could give a hoot if you use and take care of it. Less maintenance for them like grass cutting. Just don’t put or build anything on it.

Also, many states have web sites that you can look up property lines and who owns the property, it’s public record. I use this site for my zoning administrator job that I do part time. I can look up any property in my state, and get a rough idea of lot lines. Quicker than going down to town hall!
 

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The map is showing three parcels, but they could all still have just one owner.
If you want it, you should ask if they would sell it.

If not, there's no point in "maintaining" it for them.
In fact, if it becomes overgrown to the point of violating some ordinance, that might give them incentive to sell.
 

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If the triangle owner does not have a recorded easment across your property they cannot use your property to access theirs.
If you do not own the triangle you cannot be forced to maintain it.
If you do not own the triangle you have no right to use it.

If I were in your place I would get a survey done and mark the line. If you are interested in buying the triangle you should check the auditors office to get the address of the owner and contact them about the property.

Keep in mind that just because that small section is fenced off it doesn't necessarily mean that is a separate parcel.
 

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Find out about adverse possession in your state - They kind of messed up with that fence

Adverse possession legal principle under which a person who does not have legal title to a piece of property — usually land — acquires legal ownership based on continuous possession or occupation of the property without the permission of its legal owner.
If the triangle owner does not have a recorded easement across your property they cannot use your property to access theirs.
If you do not own the triangle you cannot be forced to maintain it.
If you do not own the triangle you have no right to use it.

If I were in your place I would get a survey done and mark the line. If you are interested in buying the triangle you should check the auditors office to get the address of the owner and contact them about the property.

Keep in mind that just because that small section is fenced off it doesn't necessarily mean that is a separate parcel.
Best answers! Any other answer is moot.

Yes, in most areas, it's 10 years of continuous use for adverse possession to take place. If there is legal, deeded access across your property, which I doubt, as there was access before the fence was installed, you do not have to maintain it.

Because the triangle is fenced off from the rest of the business property, they might be willing to sell it to you since they aren't using it. I'll bet someone a long time ago (maybe after the property sold, if it did) put up that fence not realizing they owned the triangle.
 

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Unless you own it, anything you do would, by law involve trespassing and liabilities.
I'm not sure anymore that there is a property out there I would purchase before resolving any questions and issues regarding boundaries.

I knew of a real estate investor, who, about 15 years ago, bought a little house on foreclosure.
Just a little two bedroom bungalow on a 50' lot with what he thought came with a one car garage, set back equally from the road with the house, and about 10' from the side door.
He was notified by mail just a few days after he closed, by another investor, that they owned the empty lot next door, which happened to include half of the garage, almost right down the middle, as well as the concrete drive leading to it.
The guy wanted 30k for the adjacent lot, lol. It was about 3 times the value.
A lot that was also 50' x 75', but included the rest of the garage.
No amount of haggling or negotiating made any difference. Investor #2 knew he was in the cat bird's seat.
The first guy couldn't rent it nor even park in the drive.
Whether or not the guy should have done his due diligence or not is my point here, regardless of any culpability by the seller or the title company. It cost him 30k for half of a 1 car garage and an empty lot he had to mow.

In his case, he was forced to do something, or risk losing his initial investment.
I would not commit to the OPs property without some solid answers from the neighbor and the history of how that parcel came to be.
 

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Keep in mind that just because that small section is fenced off it doesn't necessarily mean that is a separate parcel.
The map is showing three parcel numbers.
They could all have the same owner, but they are already listed separately on the tax map.
The business is all one parcel.
 

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and, the house appears to be built across the two parcels and almost on top of the back of the property line.
 

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and, the house appears to be built across the two parcels and almost on top of the back of the property line.
It appears to actually be crossing that line and encroaching on the business property, unless the precise survey line differs from the image.

I think the OP needs to hire a surveyor to document the actual line before there are some unpleasant surprises.

That fence isn't very old.
 
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