Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Taylor P Waters
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: okay I have a dog shes tagged to me in ohio a guy wants to buy her from me and move to tn with her am I liable for her?

after they move? also is this legal for him to take her out of state when he claims to live in ohio but is now saying he leaves wensday for tn?

Taylor P Waters
Taylor P Waters answered on Nov 26, 2019

1. You will not be liable from the moment he pays for the dog and you give him the dog. Dogs, cats, etc., function as conventional property in our legal system. As soon as the transfer/sale is complete, she is no longer your dog. You will want to complete a "Dog Transfer" form to move the... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: Lease states must give 60 days notice to leave and lease ends in 45 days or self renews what is actual time period

Isn’t a 30 day notice in ohio law with the lease expiring in 45 days?

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

The actual time period is 60 days. The statutory default for a month-to-month lease is 30 days. However, you say your lease states 60 notice or it automatically renews. The contract provision will prevail unless you contact your landlord about accepting the 45-day notice.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Is it legal in West Jefferson Oh to leave your dog outside during freezing temperatures?

My neighbors leave their dog outside in a small fenced in area 24/7. I never see it out. There is a dog house but it doesn’t have a flap and I don’t think it has any straw. It stays out there even when temperatures drop below 30 degrees. Is this even legal? It’s heartbreaking.

Taylor P Waters
Taylor P Waters answered on Nov 18, 2019

It is not legal. R.C. § 959.131(D)(3) states that it is considered torture to "confine the companion animal without affording it. during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the... Read more »

3 Answers | Asked in Estate Planning and Real Estate Law for Ohio on
Q: Is there a way to do a will without involving a lawyer?

He has stage 4 cancer, hospice is in, and he is no longer able to leave the house. He wants to get his will done so there is no fighting. He also owes a bit on his house but wants to transfer the home to his daughter, can this be done? Lots of questions but hope to be guided in the right direction.... Read more »

Taylor P Waters
Taylor P Waters answered on Nov 14, 2019

It sounds like quite a few moving parts, and seeking an attorney is the best way to make sure everything goes where it belongs and abides by the statutory requirements for wills.

View More Answers

1 Answer | Asked in Civil Litigation for Ohio on
Q: Are you required to return a rental security deposit within 30 days or is there a grace period beyond 30 days, in Ohio?
Taylor P Waters
Taylor P Waters answered on Nov 12, 2019

Unless the tenant failed to provide you with a forwarding address, it should be returned within 30 days minus any itemized deductions. Otherwise, you may be forced to pay the tenant's damages and attorney fees. See the quoted code section below:

5321.16 Procedures for security deposits....
Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Can someone else call my pet's clinic to confirm their vaccinations are up to date after sending them an updated copy?

I would just like to know since I'd like to protect my pet's medical history and not give out so much information.

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Veterinary records are not protected like human medical records. That being said, your veterinarian likely has a policy and guidelines they use for patient information. You should contact your veterinarian and ask what their policy is.

2 Answers | Asked in Elder Law and Real Estate Law for Ohio on
Q: Mothers lease is up end of January, and has been in a nursing home due to not being able to live by herself.

Need to break lease asap. Would this be considered a legal reason?

Taylor P Waters
Taylor P Waters answered on Nov 8, 2019

Not quite, you can always explain your landlord the situation and ask for options. They might be willing to let you out early or help set up a new tenant to take over the lease.

View More Answers

1 Answer | Asked in Foreclosure for Ohio on
Q: Y would Mission Capital Advisors be doing a deed for homeowner in foreclosure that is listed for sale now Worked it out

house has been listed for sheriff sale 3 times, have filed 2 times, 7 1st then a 13 that was denied conformation. Now I see they are cleaning up things etc. Recorders office shows the mortgage transferred to Wilmington Trust NA, TR. It is a corporate assignment of mortgage document that looks like... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Maybe. Before a Confirmation of Sale homeowners have a lot of options to save their home. Banks also often assign troubled loans, even while the foreclosure is going on.

1 Answer | Asked in Foreclosure for Ohio on
Q: I'm co-executor of my mom's will, she had a reverse mortgage. They have started foreclosure. Am I liable for anything?

Paperwork has been sent to myself and my brother. He claims we have 28 days to sell the real estate, an auction is set for Nov 6.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You will not be liable as far as your credit goes, they have to provide notices to the heirs in the event you'd like to buy the house or work something else out.

1 Answer | Asked in Consumer Law for Ohio on
Q: My veteran husband passed on Sept 16,2019.Only his name on title and VA loan.

Will my credit be ruined if I give house back to lender or his credit??

I cant afford to live here with only $900 mo. income.Please help.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

No, if your name is not on the note then your credit shouldn't be affected. You might be able to sell the house and get out from under it with a profit though, depending on your circumstances.

1 Answer | Asked in Consumer Law and Collections for Ohio on
Q: A collection agency sent me a pre legal notice in reference to an unpaid unsecured debt. If they sue,

Is my home, owned with my husband, a potential asset in a judgement? The agency is Midland Management and I reside in Ohio

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

You might have an FDCPA claim against them, so don't be so quick to allow a judgment to happen. These things can often be fought, and fought effectively.

As for the judgment, yes. It is possible they could file a lien on your house.

1 Answer | Asked in Animal / Dog Law and Civil Litigation for Ohio on
Q: What kind of trouble can someone face for keeping a service dog from someone who has an emotional service dog

I have an emotional support service dog. My ex who has the mother and father/brother of my dog does not have any type of papers showing ownership of my dogs parents, he is refusing to give me my dog back I do have Shiloh tagged and license and have an ID number for her to be my service dog.

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Emotional support animals are assistance animals, not service dogs. This is an important legal distinction to keep in mind. You would need to go to Court, small claims likely, and ask for the specific performance of having the dog returned. You will want to bring all evidence that the dog is yours... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: I lost my license for not having insurance it is my first time how do I go about getting them back
Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

There are a lot of drivers license reinstatement clinics throughout Ohio, search around google for one in your County. There are a bunch coming up soon.

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Ohio on
Q: What do I need to do in order to inform a landlord about an Emotional Support Animal after signing a lease?

The pet clause in the lease is stated that there shall be no pets without written permission from the Lessor and that the lease is for humans only and no creatures other than homo-sapiens. It is a duplex and the landlord does not live the premises. I have a previous letter from one doctor and had... Read more »

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Notify the landlord that you have an assistance animal which complies with the Federal Fair Housing Act and the Americans with Disabilities Act, which require that landlords reasonably accommodate service and assistance animals for tenants with disabilities. Assistance animals are exempted from pet... Read more »

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: If i bought a dog from a pet shelter and they lied about the breed and wont give me my money back. What can i do?
Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Probably nothing. They cannot "lie" about the breed, as shelters are usually guessing and not actually certifying that the dog is a particular breed. You should love the dog and give him/her a loving, caring home as she/he has likely been through enough.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Ifmy dogs are in a 6 ft chain linked fenced in yard and only use the yard to go to the bathroom my neighbors wait

Then when the dogs are going potty they walk back and forth along the fence line which gets my dogs extremely agitated and start barking. My dogs are never out alone but he says he’s gonna call the mayor because it’s a nuisance. Are we doing anything wrong

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

No, probably not. That won't stop your neighbor from making things difficult, though.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: If a dog is registered in my name, can the person who sold the dog to me take it back because I didnt pay yet.
Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

Registration may not matter, you will likely still be held liable for the sum due.

1 Answer | Asked in Animal / Dog Law for Ohio on
Q: I’m wondering what I can legally do to stop someone from letting my dogs out.

I own three dogs. I allow them to go in the fenced in backyard to play and do their business. Someone is coming and opening the gate to my fence and allowing my dogs to get out. It’s happened multiple times. We wired our gate shut and someone still pulled it off and let my dogs out. What can I do?

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

First, buy a lock. Then, find out who is doing it and demand they stop, in writing.

1 Answer | Asked in Consumer Law and Banking for New York on
Q: Checks designated to be paid to ONE, were stamped & deposited into TWO, without the permission of the check writer.

The check writer is now asking why this occurred, since it was not their intention for their money to go to TWO. What is the recourse?

Taylor P Waters
Taylor P Waters answered on Oct 30, 2019

The check writer does not usually have a say in what happens after a check is written and signed. For example, the person to whom it was made could have simply indorsed the back and made it bearer paper, where anyone could have further indorsed it to whomever. The check writer's intention means... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.