Adverse Possession

Keeping the grass short is not enough: The Supreme Court refines adverse possession in NC Enterprises

By Terry Posey on May 5, 2026

Adverse possession is a doctrine that every lawyer encounters early in their first-year law school property class—the classic “squatter’s rights” analysis involving “open, notorious, exclusive and hostile” possession. Despite its ancient roots, it remains “still new law” as the Ohio Supreme Court continues to issue significant clarifications on the high bar required to strip a record title holder of their property.

Merit Decision: No Public Hiking or Biking Yet. Court Finds Material Disputed Facts on Adverse Possession Claims. Koprivec v. Rails-to-Trails of Wayne Cty.

By Marianna Bettman on February 20, 2018

Update: On March 25, 2020, the Bilinoviches and Rails-to-Trails settled their claims against each other. The claims of the Koprivecs and the Koontzes are still pending.

“If a licensee is on the property of the title holder performing acts that would ordinarily require the permission of the owner, the exclusivity of the adverse-possession claimant would…

What’s On Their Minds: Do Activities of Licensees Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

By Marianna Bettman on May 25, 2017

Update: On February 7, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

On May 16, 2017, the Supreme Court of Ohio heard oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County, 2016-0704. This case was accepted on jurisdictional appeal…

Oral Argument Preview: Do Activities of Licensee Utilities Affect the Exclusivity of Adverse Possession? Don Koprivec et al. v. Rails-to-Trails of Wayne County.

By Marianna Bettman on May 8, 2017

Update: On February 7, the Supreme Court of Ohio handed down a merit decision in this case. Read the analysis here.

Read the analysis of the oral argument here.

On May 16, 2017, the Supreme Court of Ohio will hear oral argument in the case of Don Koprivec et al. v. Rails-to-Trails of Wayne County…