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Ohio Land Use & Zoning Questions & Answers
0 Answers | Asked in Land Use & Zoning for Ohio on
Q: In the definition of "dwelling" in a zoning ordinance it says overnight rental prohibited, can I still have an airbnb?

This is the definition:

"Dwelling" means a building or portion thereof, designed, used and intended to be used exclusively for permanent residential occupancy, including one-family, two- family, and multiple family dwellings and floating dwellings. A dwelling does not include... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: my leach field is the neighbors yard(50+years) no problems but new neighbor is checking out the layout---he doesn't know

would my rights to my leach field be compromised

Joseph Jaap
Joseph Jaap
answered on Jun 8, 2023

There might or might not be an easement recorded in the county records for your leach field. If the new neighbor interfered with the leach field, you could end up in court to assert the right to keep using the leach field. Make friends with the new neighbor to avoid any problems, but also use the... View More

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Ohio on
Q: What does a motion to stay do for defendant after a foreclosure, and writ of possession has already been filed?

I electronically filed a motion to stay with the court, and it was approved. This happened after the Plaintiff already had a Sheriff's auction and obtained my home, as well as they filed a Writ of Possession. If it was electronically filed and approved, does this mean that judge approved it or... View More

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

The homeowner maintains title in the real property until the Sheriff's Sale is confirmed. The right of the purchaser at sale to obtain a writ of possession is typically included in the decree of foreclosure. However, the order of confirmation is the mechanism that cuts off the... View More

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Ohio on
Q: Property lien purchased for 532.00.

A Lien was purchased for forgotten half a year of property taxes. Rookie mistake. Taxes are now current and will stay that way. The Lien expires in 3yrs. We don't plan on moving for 5+yrs. Have no mortgage and own home outright. Should I go ahead and pay lien in full? Can third party llc... View More

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

Tax lien expires in 15 years. Interest rate negotiated on the tax certificate was probably 18%. In 15 years with interest the lien will be approximately $2100.00 and they will require you to pay Court costs and attorney fees to avoid the property going to Sheriff's Sale. It is not something... 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 Constitutional Law, Federal Crimes, Land Use & Zoning and Municipal Law for Ohio on
Q: While driving on a public road, THROUGH a school zone, is is illegal to have a loaded firearm on your person in Ohio?

With the passing of Ohio's Constitutional Carry law, as of July 13, 2022 Ohio citizens without a CCW permit can legally carry a loaded firearm on their person while in their vehicle, but not in a school zone. If you live near or drive through a school zone on a public road (where you must slow... View More

James L. Arrasmith
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answered on Mar 2, 2023

Ohio law prohibits carrying a firearm in a school safety zone, which includes the area within 1,000 feet of the school grounds. This applies to both open and concealed carry, regardless of whether you have a CCW permit or not.

Therefore, if you are driving through a school safety zone, you...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: In Ohio, is a Property Owners Association allowed to revoke owners gate pass access for past due annual fees?

1. No notice given about late dues and or gate access being revoked. 2. There are two gates one is automatic which can only be opened by a gate access card or by a key fob whether you're entering or leaving as well. The other gate is chained and locked shut with no keys given to property... View More

Joseph Jaap
Joseph Jaap
answered on Nov 14, 2022

It is very unlikely that a judge would allow that. But you might need a judge to put that in writing. Use the Find a Lawyer tab to retain a local real estate attorney who can review the homeowner documents, contact the board on your behalf to demand access, and file in court if necessary.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: My mom has lived in her home for over forty years. Neighbor says part of her yard is hers. More in details

Mom has completely maintained part of property, the whole time. Has a fence built up to the side of the neighbors house and 2 outbuildings. The new owner says it’s her property and has installed an air conditioning unit by the side and has stated my moms fence will be taken down bc she is going... View More

Joseph Jaap
Joseph Jaap
answered on Oct 17, 2022

A claim of adverse possession can only be decided by a court. Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts of the situation and advise you, and try to work it out with the neighbor.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If you maintain land for over 20 years can you claim that land
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Ohio requires 21 years to make a claim of "adverse possession."

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: 23 years ago.Rear of lot against 55 acres farm land with fence 4ft from mine. Maintained land 4ft.Prescriptive easement

23 years ago I bought and built a home on a lot 80 x 125 feet with back of lot against a 55 acre Open field With an old Barb-wired fence 4ft in a tree line against the back of my lot from my property line. I have maintained and taken care of this 4 feet up to the Fenceline for the duration of that... View More

Joseph Jaap
Joseph Jaap
answered on Jul 29, 2022

An easement like that is not automatic. It must be established by filing in court claiming adverse possession. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records and all the facts of the situation, and then advise you of your options.

2 Answers | Asked in Land Use & Zoning and Tax Law for Ohio on
Q: Just took a walk on my property (OH). My neighbor chopped down a bunch of my trees and destroyed the boundary line fence
Joseph Jaap
Joseph Jaap
answered on Jun 25, 2022

Take photos, get a surveyor to mark the boundary, get an arborist to determine the value of trees lost and cost of replacement, and cost to replace fence. Contact your insurance agent, ask your neighbor to pay your monetary damages, and use the Find a Lawyer tab to retain a local attorney to... View More

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Issue with neighbor house

I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... View More

Joseph Jaap
Joseph Jaap
answered on May 24, 2022

Tell them you will talk to the local building dept. which might issue a building code violation. Or you could sue them for any damages caused by the excessive water.

1 Answer | Asked in Communications Law and Land Use & Zoning for Ohio on
Q: Do I have the right to remove an advertising sign placed on my property, also on the public right-of-way (Ohio)?

I live in Defiance county, in a township outside of the city limits. A business placed a sign near the road, but still on my property, advertising their services in an attempt to get customers. I don't want my property used for advertising, but do I personally have a right to remove and... View More

Joseph Jaap
Joseph Jaap
answered on Mar 3, 2022

Contact the business and tell them to remove the sign. If they don't, use the Find a Lawyer tab to retain a local attorney to review the situation and contact them on your behalf, or advise you of your options.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Was told by my city that there would be no variances for assisted living proposal next door. Now are asking for variance

Got promise in writing from city council. Now want a wetlands variance so they can put in “hard surfaces “

Joseph Jaap
Joseph Jaap
answered on Jan 27, 2022

What a city "says" doesn't count for much. Any variance must go through a formal process, and if denied, the applicant can then appeal. If the development and its jobs and taxes are wanted, the variance could be granted, even if neighbors oppose it. Any "promises" given... View More

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I bought a home in Ohio in 2019, the yard was fenced on both sides, but neither fences are on my property.

Now one of my neighbors want to take down my fence and put up his own. Does he have the right to ask me to take down the fence?

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2021

Nothing stops him from asking. Work it out with the neighbors, or get a boundary survey to confirm where the property lines are, and then use the Find a Lawyer tab to retain a local real estate attorney to review the survey plat and advise you of your options.

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...
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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... View 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.

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