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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a neighbor remove a surveyor’s boundary marker under Ohio law?
Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

R.C. 2909.07 No person shall ….. (3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;

The original survey is the act of marking the...
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1 Answer | Asked in Divorce, Real Estate Law and Family Law for Ohio on
Q: Does my cosigner's husband have legal claim to my house during a divorce in a dower state?

I am unmarried and own a home. My mom (married) cosigned my mortgage a few years ago and is listed on the deed with me, though I pay the mortgage myself. She is now getting a divorce and her husband's legal team is claiming that my house is marital property. I live in a dower state and my... View More

Joseph Jaap
Joseph Jaap
answered on Mar 31, 2023

Your mother's interest in the home could be marital property, depending on how her ownership interest is listed on the deed. The divorce will determine how all marital property is divided, included any ownership interest she has, and some of her equity might be awarded to her spouse in the... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: Who is responsible for retention pond?

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Bruce Martin Broyles
Bruce Martin Broyles
answered on Apr 8, 2023

Your declarations and by-laws will most likely address the issue of the retention pond. Most likely it is characterized as part of the common area. Your annual assessment should be based upon anticipated expenses and maintenance of the retention pond if defined as a common area would be included... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: If the Article of Incorporation for my HOA were canceled by the Secretary of State, who has the legal right to reinstate

those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?

Joseph Jaap
Joseph Jaap
answered on Mar 16, 2023

Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change... View More

2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Joseph Jaap
Joseph Jaap
answered on Mar 8, 2023

If she transfers her house to you both as a gift, in addition to possible gift taxes, you and your sister will acquire the home with your mother's cost basis for income tax purposes, so that when you and your sister sell it, you both will also pay capital gains taxes on the increase in value... View More

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2 Answers | Asked in Contracts, Real Estate Law, Tax Law, Elder Law and Estate Planning for Ohio on
Q: My mom is wanting to put her house in mine and my sisters house name, what would that do yo our taxes?
Andrew Popp
Andrew Popp
answered on Mar 7, 2023

I recommend sitting down with an estate planning professional to discuss. If your mother makes such a transfer it could be subject to gift taxes. Additionally, if she were to need benefits under a needs based assistance program like Medicaid, such a gift would impact her eligibility and may mean... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in a condo. We were recently charged a "cleaning fee" we didn't agree to pay. Is this legal?

We pay a monthly association fee but we have never been charged a "cleaning fee" for our clubhouse. We did not pre-authorize the cleaning but the fee was still assessed. To me, this does not seem to be a legal debt. Am I correct?

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The board of directors of the condominium association can change the amount of the monthly fee and impose new fees as permitted by the Declaration of Condominium recorded in the county real estate records. Review the declaration to determine if the board was acting properly, which it probably was.... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can punitive damages be recovered on real estate taxes by prior owner not disclosed on closing document?

Closing document did not credit new owner with taxes that should have been paid by previous owner. The amount involved (approx. 4 months) is not large but if punitive or other damages can be claimed it may be worthwhile to move forward. Property is located in Clermont County Ohio. There are other... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

No punitive damages. Real estate taxes are a matter of public record, and a buyer is deemed to have notice of them, and a seller is not required to disclose them to a buyer. If there were errors or omissions on the settlement statement, contact the title agency that conducted the closing to get... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: If it is decided by our HOA members our unincorporate association needs to be an incorporated association, does it take

all the members to agree or is it just a majority that have to agree to become incorporated. Are the members of an unincorporate HOA legally obligated to pay annual dues? We are having issues with some members not paying their dues this year they seem to be misunderstanding their obligation to our... View More

Joseph Jaap
Joseph Jaap
answered on Feb 27, 2023

The HOA covenants recorded in the county recorder's office require owners to pay their annual assessment. It does not matter whether the association is incorporated or not. The association can place liens on the home of any owner who does not pay. Use the Find a Lawyer tab to retain a local... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Our developer never created bylaw(code of regulations) with our Declaration of Restrictions for our HOA dating back to

2003. We are a self managed HOA having 19 homes and for 19 years maintained the common area, provided yearly financial reports, filed our taxes, collected all dues every year, paid all expenses, kept yearly due amounts the same for over 5 years, communicated to homeowners on issues, even filed a... View More

Joseph Jaap
Joseph Jaap
answered on Feb 24, 2023

The HOA should have been incorporated as a non-profit corporation with the Ohio Secretary of State to implement the HOA covenants recorded in the real estate records. Without that, the HOA has been operating as an "unincorporated nonprofit association," which still has legal status as a... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: Is the HOA able to increase fees by 10% without membership vote? The fees would have been increased 20% in 2 years.

Fees have not seen an increase since 2017 and in the last 2 years, we will have had a 20% increase based on "budgetary needs". Is it required to have a membership vote to proceed?

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2023

The HOA Declaration of Covenants and Restrictions specifies the process for the HOA to change the amount of the assessment and if a vote is required. Review the HOA Declaration for the requirements and talk to the HOA management company or the HOA board members.

1 Answer | Asked in Real Estate Law for Ohio on
Q: In Ohio how does a named grantee of real property reject or disclaim the original gift of said property ab initio?

The grantee had no knowledge that an inter vivos gift (by quit claim deed) was made and recorded by his sibling to him.

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2023

If there is no environmental problem, title problem, lien, or other issue attached to the property and also possibly affecting the owner, the owner could just quit claim it back. But if the person whose name is now on record as owner wants that totally removed, it would require a Quiet Title... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Does my HOA still exist? Our HOA never filed Notice of Existence with Ohio Secretary of State.

Our HOA filed the Initial Articles of Incorporation with the Ohio Secretary of State but, I recently found out the Articles were canceled in 2010 as a Notice of Continued Existence was never filed. From what I gather, this is required to be filed every 5 years. Since 2010, I have paid my HOA dues.... View More

Joseph Jaap
Joseph Jaap
answered on Feb 8, 2023

The HOA still exists as an Ohio non-profit corporation unless it was cancelled by the Ohio Secretary of State. Failing to file the Notice of Continued Existence does not officially terminate it, and does not stop the obligation of homeowners to pay HOA assessments and dues. And even if cancelled,... View More

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Ohio on
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?

I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2023

The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: Co borrower on home loan application and On bank note but not mortgage or title. Wife never had job and I paid everythin

J

Joseph Jaap
Joseph Jaap
answered on Jan 17, 2023

If you are getting a divorce, the house is marital property no matter whose names are on the deed, loan, or mortgage.

Your spouse has an interest in the home, even if she paid nothing, and that interest will be divided in the divorce. Use the Find a Lawyer tab to retain a local attorney...
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1 Answer | Asked in Real Estate Law for Ohio on
Q: I am filing a transfer on death affidavit for my mothers property in Ohio.

My father and mother purchased land in 1963 to build their home and the deed transferred to my mother in 2002 at my fathers death. There is a certificate of transfer on file but there is no volume and page number which the form requires. Can I reference the deed from 1963 that has a volume and page... View More

Joseph Jaap
Joseph Jaap
answered on Jan 17, 2023

If the certificate of transfer was recorded in the county recorder's office, the book/page recording reference will be in their on-line records or in their records. If it was not recorded, it must be recorded now. To be sure your TOD affidavit will be valid, use the Find a Lawyer tab to... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can I get someone off the deed?

My ex-fiancée put zero money into purchasing the home. I sold my house and my credit got this currently. She has only paid half mortgage. Nothing else. No house bills, nothing. I only put her on the deed because we were going to marry. Turns out she used me to leave her parents house and had no... View More

Joseph Jaap
Joseph Jaap
answered on Jan 6, 2023

Once a person is added to the deed to a home, they have to agree to any transfer to remove their name. Without a written agreement with her in which she agreed to pay her share, you can't force her to pay anything on the mortgage or any other bills. You can offer her some amount of money to... View More

2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?

My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More

Joseph Jaap
Joseph Jaap
answered on Dec 22, 2022

It depends on how each was worded and if they were properly executed and recorded. They would have to be reviewed by an attorney to give an accurate answer. A properly worded, executed, and recorded TOD affidavit would take precedence over a different designation in a will. Use the Find a Lawyer... View More

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Ohio on
Q: OH TOD deed to one person, then a new TOD deed to another but that one was revoked. Is the first one still valid?

My great aunt signed a TOD deed on her home and my mother was the beneficiary. Later my great aunt signed another TOD deed with her neighbor as beneficiary, but then revoked the TOD deed to the neighbor several years later. Is the one to my mother still valid if it was never revoked? What if a... View More

Moshe Toron
Moshe Toron
answered on Dec 22, 2022

As a general rule, a new TOD designation affidavit revokes the old TOD designation affidavit , regardless of whether it says so on the new TOD designation affidavit or not.

Therefore, it is very possible that the property will go to the person named in the will.

Having said that,...
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