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Ohio Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Can my mom still use a well for water.

My grandfather had some land where his house is. He gave some to my mom and uncle. My mom and grandfather and mom went half on the well. The well sits on his property. My grandfather passed away and his second wife is selling the house. My mother has used the water for 14 years. Can my use the well?

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

If there is no written document regarding use of the well, then it could be a problem for her. Your mother can use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise her.

1 Answer | Asked in Contracts and Land Use & Zoning for Ohio on
Q: Im doing land contract with owner and he owes taxes should that be In contact?

Also if something was to ever happen to him and he is in debt with state would we take on his debt or how would that go??

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

An attorney should review a land contract before it is signed. Whether it is seller or buyer who is responsible for taxes and debts, would depend on the terms of the contract and the priority of the debts. Use the Find a Lawyer tab to retain a local real estate attorney to review the land... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Ohio on
Q: I’m in the middle of doing a land contract and I want a lawyer to look over it. That’s all. To make sure it’s fair
Andrew Popp
Andrew Popp answered on Apr 14, 2021

That should be very straightforward. You can use the Find a Lawyer tab on this webpage to find dozens of qualified attorneys who can do this for you. It would likely not be very costly, depending on the terms and length of the agreement.

Best of luck.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I need to get my money back on a property we were buying.

Agent wouldn't let us walk further back on the property saying it was a liability. Found out there are thousands of tires dumped on back part of property. Property is $38k we've paid $34k and its an EPA nightmare. We want our money back. Agent says no. We need help.

Joseph Jaap
Joseph Jaap answered on Mar 12, 2021

You could sue the seller to rescind the contract. Use the Find a Lawyer tab to retain a local attorney to review the situation and advise you of your options.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Will a cease and desist order help me stop being harassed by jealous, spiteful neighbors?

I purchased a fixer upper home 04/19/2019 & despite covid I have made & continuing to make major repairs, but my neighbors who aren't happy that I purchased the property & they didn't, have been making constant unwarranted complaints to the city & mayors office that keeps... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 8, 2021

Neighbor problems are difficult to resolve and can get worse if legal action is taken against them. They could do a lot of things, and it could be impossible to prove that they violated a court order. Use the Find a Lawyer tab and retain a local attorney to advise you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: We believe our neighbor has built a fence into o it property line. What can we do?

We purchased the house July 2020. He claimed the fence as his on the property line. After research to build a privacy fence we found the property makers are on the other side of the fence. The fence he claims appears to be about a foot or more into our property line. He is refusing to take it down... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 2, 2021

Disputes with neighbors can be difficult to resolve, and can get worse. So try to work it out with the neighbor. If you are unable to get the neighbor's cooperation, you first must obtain a survey of your property to confirm your exact boundary lines. Then if the survey confirms the fence... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: There is a house trailer located within my property boundary. Can I charge them rent or have them move it?

I purchased the property in January and the trailer was already there and occupied.

Joseph Jaap
Joseph Jaap answered on Mar 1, 2021

If there is no written lease and you want them to leave, you must follow the proper eviction process. Check your local court web site or use the Find a Lawyer tab to retain a local attorney to assist you with the process.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: As the City, could I require that any newly developed parking lots require cross access easements and shared parking?

I'm interested in applying this standard to prevent erosion of the downtown area into a sea of parking, with landowners possessively protecting their empty parking lots rather than sharing the resource. Ideally, landowners would pay each other for the shared resource, but other than parking... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

Direct that question to your city attorney. It would have to be added by an ordinance approved by city council, amending the local zoning and building code, and could get opposition from property owners and developers.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I want to erect a coop to raise 6 egg laying hens on a property that is less than an acre in Delaware County Oh.

I don't own property yet, so if there is a neighboring county that is more lax that would be very helpful.

Joseph Jaap
Joseph Jaap answered on Feb 15, 2021

It depends on local zoning laws which are different from one place to another. Check with the local zoning office.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: We own the house and the land that house directly sits on. My aunts bf owns the property. Can he "evict" us off property

We both the house from his brother and have a title to the house. The house came with the land that house directly sits on. He's constantly saying that if we don't pay him $X amount each month he will call the sherriff and have us removed. We pay our own property taxes as it is. His mom... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 30, 2020

You'll have to retain a local real estate attorney to review all the relevant real estate records to determine who has what specific rights to the house, land, any easements, etc. Use the Find a Lawyer tab.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: if i own three lots next to each other can i provide myself easements to run utilities from one to the other?

How is that legally done? Does it have to be recorded on the deeds?

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Use the Find a Lawyer tab to retain a local real estate attorney to review your plan and advise you what easements and deeds will be required.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If I own three lots together, and I would like to build one house that would sit on two and some of the utilities,

Ie septic system would need to go across all three of them, what can I do

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Start with an architect familiar with the local building and zoning code and the process to consolidate the lots, which will require a surveyor to prepare a consolidation plat. The architect can also talk to the local health dept. about the septic system requirements. Use the Find a Lawyer tab... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Land Use & Zoning for Ohio on
Q: If the landlord allowed me to put 15,000$ of work into his house and Now he trying to evict me, can I sue for that mone

I been living in this home for 16 years and i finally decided to ask him can I put some work into the home and it costs me 15,000 and it made the value of the home go up, he can now charge $800 instead of 200$ in rent, So he wants to evict me out of the house, can I sue for that money out of that... Read more »

Taylor P Waters
Taylor P Waters answered on Sep 5, 2020

You may have a case for unjust enrichment, contact an attorney to discuss how to file the claim and what you need to allergies

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Converting mixed-use building to residential

I'm looking for houses and happened across a gorgeous old building with shop space downstairs and 3 apartments upstairs. I'm interested in living in one of the units, renting out the others, and using the shop space as an art studio. What zoning issues might I face with this? I find the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 2, 2020

You need to hire an architect familiar with conversions, residential construction, and the local building and zoning code to assess what you plan to do, what you must do to comply, or if any variances will be needed. The architect should have good rapport with the folks at building and zoning.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can I refuse to pay rent and also consider the lease agreement null and void if the will not fix things in my apartment.

I called them on June22 to let them know my A/C was not working properly and received no reply. Then called on July 4 at 9am about a leak in my ceiling and to inquire about the A/C. To date I have still have the leak and my A/C still is not fixed. Also when they do which isn't often answer my... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 14, 2020

The proper approach is to pay your rent on time into escrow with your local court. Check your local court web site for the escrow process. If you don't pay rent, landlord can file to evict you. An eviction is a permanent public record that can make it difficult to rent from a landlord who... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Ohio on
Q: I signed a lease my freshman year in college. It was for my junior year. I decided I wanted to transfer, what can I do?

I paid a $700 dollar deposit but I’m not worried about that. I just don’t want to pay the price for both semesters. It was a stupid idea in the first place but I was pressured by others to sign early or else there would be very little options.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2020

You can try to negotiate an early lease termination with the landlord. But landlord does not have to agree to that. If you don't pay the rent required, landlord can file an eviction to terminate your lease rights, and sue you for any lost rent. An eviction is a permanent court record that... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In mansfield Ohio doesn’t the property owner have the right to maintain fence line between my fence and neighbors fence

Neighbor put up fence no survey was done no zoning permits pulled per conversation with mike at city’s codes and permits

Joseph Jaap
Joseph Jaap answered on May 18, 2020

The property owner has the right to maintain its own property. Obtain a survey to determine exactly where the boundary is and if the fences are placed properly or violate local zoning setbacks or other requirements. Provide that information to the city. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If my ex boyfriend put hot tub on my property and makes payments on it and now wants to sell it what are my options

do i have to let him sell it? is it considered mine because its on my property?

Joseph Jaap
Joseph Jaap answered on May 5, 2020

It is considered personal property -- not part of the real estate. It does not matter that it is sitting at your house. It is no different than if he left any of his other personal property behind. If he bought it, and is still paying, that shows he owns it. You could refuse to allow anyone to... Read more »

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