Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More 
answered on Sep 24, 2024
Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More
I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.
Also, the driveway is approx. a quarter mile long.
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answered on Apr 1, 2024
In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:
1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if... View More
Each resident has ownership only over the interior of their unit. Each unit has a rear patio deemed a "limited common element", the use of which is reserved to that owner. All other property is considered a "common element." Each unit also has two reserved parking spaces, though... View More
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answered on Mar 1, 2024
Residents within an HOA with "common" and "limited common" elements typically have certain trespass and Fourth Amendment rights. The rear patio designated as a "limited common element" would likely be considered part of the curtilage, affording residents Fourth... View More
I feel like I'm being treated unfairly by my local water company
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answered on Dec 1, 2023
To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but... View More
would my rights to my leach field be compromised
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
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
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
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
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
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
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
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
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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... View More
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
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.
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
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.
answered on Sep 19, 2022
Ohio requires 21 years to make a claim of "adverse possession."
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
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.
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
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
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.
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
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.
Got promise in writing from city council. Now want a wetlands variance so they can put in “hard surfaces “
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
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?
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.
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.
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... View More
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?
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.
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