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Ohio Environmental Questions & Answers
1 Answer | Asked in Environmental and Real Estate Law for Ohio on
Q: My neighbors yard is a mess and damaging to the environment can I make them clean it up?

My neighbor has tons of junk cars through out their yard. Trash every where kids with no running water and the dump stuff into the near by creek. If I can get them into legal trouble who should I contact?

Joseph Jaap
Joseph Jaap answered on Oct 29, 2020

Neighbor problems are difficult to resolve, and can escalate and become very unpleasant if neighbors are reported. Talk to your local building and zoning office first and ask if they have any ability to do anything - without giving your name or address. There could tell you there is not e much... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Environmental and Land Use & Zoning for Ohio on
Q: I live on Chagrin River where they dredge & i believe under mining. It has caused landslides. Who is responsible?

My property is slowly falling in the river. Some say its erosion but it happens everytime they dredge. Usually within days. I lost 20% of land including trees, shrubs and now my patio!

Tim Akpinar
Tim Akpinar answered on Apr 27, 2020

I'm sorry for your ordeal. These could be difficult cases because of the expert testimony involved. Contact environmental/land use attorneys in the area, and find out if nearby waterfront residents are experiencing similar phenomena. Good luck

Tim Akpinar

1 Answer | Asked in Environmental for Ohio on
Q: I turn 18 in January, I'm still in school. Can I move out of my parents house?

I'm 17 and turn 18 in January. I finished all of the requirements to graduate my junior in high school and decided to go to college my senior year, which my high school pays for. I have a decent job and I have a car. My parents say I can't move out until I graduate high school. I'm... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

You need an Ohio attorney who is familiar with Family Law/Juvenile Law issues to see your question. There are sections here for that. The Environmental category is for things like oil spills or groundwater contamination; that's probably why no one saw your question for a week. You could... Read more »

1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for Ohio on
Q: Is a rusted barbed wire fence surrounding a private golf course built prior to this ordinance remain legal?

The Ohio club has failed to maintain the barbed wire and it is now falling off the fences and is completely rusted. Our housing complex, which abuts the course, has repeatedly asked for its removal. We are obviously concerned about the danger to children and pets from both the barbs and rust.

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

Talk to the club, the local building department, or use the Find a Lawyer tab to retain a local attorney to review the facts and advise of your options.

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on
Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I... Read more »

Taylor P Waters
Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Insurance Bad Faith for Ohio on
Q: If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

And to find out the neighbor had been plotting this move for over a year after the head of soil and conservation advised neighbor not to block the watercourse THATS been their for 100+ years so the neighbor gets a permit to put in a WMSC and now we are getting all of the pollutions from the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Aug 15, 2019

Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive... Read more »

1 Answer | Asked in Land Use & Zoning and Environmental for Ohio on
Q: Does the grandfather clause overrule protection of species afforded by the endangered species act?

The land was owned by the family before the ESA was passed but an endangered species resides on the land. The family now wants to develop the land but development would be detrimental to the species. The ESA would normally protect species on private land, but would this protection still be able to... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 24, 2019

The answer would require significant legal research into federal and state law and regulations, and conversations with various government agencies, and permits for any development which might require impact studies. Use the Find a Lawyer tab to retain an attorney who practices environmental law.

1 Answer | Asked in Real Estate Law and Environmental for Ohio on
Q: received notice nat'l forest which adjoins half my 5 ac will be clearcut. devalue my property. recourse if I can't stop?

if this proposed clearcut of national forest isn't stopped or amended through meetings, is there any action neighbors and I can take? the proposal as is affects half the perimeter of my 5 acres. this is not a selective cut, shelter wood, but a clearcut. I bought the property less than a year... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 5, 2018

You could file for a court injunction if the regulatory and administrative process approves the cutting. The court would then review the process used to approve it. Use the Find a Lawyer tab to retain an attorney who practices in environmental law and litigation against government agencies.

1 Answer | Asked in Agricultural Law, Environmental, Juvenile Law and Real Estate Law for Ohio on
Q: My friend and I are 14. There is a field behind her house. Is it trespassing if we didn't know someone owned it then?

When we saw cows, we wanted to see if someone owned the field. The owner never noticed us, or if they did they didn't do anything. We eventually found out that that field is owned by somebody. We haven't gone there since.

Joseph Jaap
Joseph Jaap answered on Jul 10, 2017

Every square inch is owned by somebody. It is trespassing whether you know who owns it or not. Don't go where you don't have permission. It is especially dangerous to go in a field with cows or other animals. And don't go in a field with a single cow. It could be a bull, and... Read more »

1 Answer | Asked in Environmental for Ohio on
Q: Do I have a right to dispute having to pay half of water bill(duplex on 1 meter)when bills are unusually high?

I live upstairs in a home where my lease states I am to pay half of the water/sewer/trash bill; however, the bills keep getting higher and higher each month; both myself and the couple on the first floor have complained to the Landlord. No leaks/running water inside the home have been detected;... Read more »

Matthew Williams
Matthew Williams answered on Mar 22, 2016

Have you asked the landlord to produce the bill from the water company? I am curious as to whether they are simply cheating you here.

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