Ohio Land Use & Zoning Questions & Answers

Q: how would we go about buying a foot of property from the neighbor if our house was built a foot on their property

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Nov 15, 2018
Joseph Jaap's answer
To resolve that encroachment, you will need to retain an attorney to assist you, and the neighbor would have to cooperate. You also will need a boundary survey, and there could be issues with zoning setbacks. Building a house over a property boundary is very rare. Many things had to go wrong to allow that to happen. Use the Find a Lawyer tab to retain a local real estate attorney to assist you.

Q: Can a city make u get rid of a car that has valid plates. It runs just needs a part.. They say its a eyesore

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Oct 29, 2018
Joseph Jaap's answer
If the city has an ordinance against inoperable cars parked outside being classified as junk, then the city might be able to issue a citation or have it towed. Check with the police or the city.

Q: What is the law in Ohio for HOAs regarding monthly board meetings pertaining to open communication of agenda?

1 Answer | Asked in Communications Law, Real Estate Law and Land Use & Zoning for Ohio on
Answered on Sep 24, 2018
Joseph Jaap's answer
Ohio law for condominium operation can be found at this link:

http://codes.ohio.gov/orc/5311 See Sections 5311.09 and 091.

There can be additional rules in the condominium declaration and bylaws.

See also this link: http://codes.ohio.gov/orc/1702

It provides rules for operation of non-profit corporations. A condominium association is usually formed as a non-profit corporation.

Q: How close can my neighbor build a fence to my house?The property line is about 20 inches from the side of my house.

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Sep 4, 2018
Joseph Jaap's answer
Local zoning codes specify the required setback distance from property boundaries. Talk to the local building and zoning office. You might have to have a surveyor prepare a boundary survey to confirm the exact location of the line.

Q: What is my recourse when the seller and title company didn't disclose deed restrictions on the property I just purchased

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Aug 29, 2018
Joseph Jaap's answer
Deeds, easements, and restrictions are recorded in the county real estate records to put everyone on notice of their existence. A buyer is deemed to have notice of them, even if the buyer never looks or finds out, and a seller is not under any duty to disclose information that is recorded in the county records. It is assumed that buyers will investigate the property and any restrictions to be sure it meets their needs. You can check the information reported to you by the title company. It...

Q: I've been told that my residence is illegal that I just bought. Now what?

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Aug 13, 2018
Bruce Martin Broyles' answer
Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes....

Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on
Answered on Jun 19, 2018
Joseph Jaap's answer
It depends on the wording of the easement that was signed by grantor and recorded in the county records. But typically, the easement is non-exclusive, and the grantor can continue to use the easement area along with the grantee. So if grantee installs a driveway in the easement area, grantor can use it, unless the easement says otherwise. Use the Find a Lawyer tab to retain a local real estate attorney to review the easement and advise you.

Q: does a homeowner have 7days to cut their lawn after given a 7day notice by township total being 14days

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on May 16, 2018
Bruce Martin Broyles' answer
The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.

Q: im seeking zoning approval for a home based federal firearms license and the zoning department refuses to contact me

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on May 10, 2018
Bruce Martin Broyles' answer
Zoning is very specific as to the political subdivision that has jurisdiction over the real property. You will then need to find the zoning ordinance for the real property. The ordinance will give you specific guidelines as to the procedure. I believe that you are seeking a "use variance". In most political subdivisions the application is made to the zoning inspector. His decision is then appealed or forwarded to the planning commission and then onto the Board of Zoning Appeals. (The names...

Q: Township is coming after me for what they call nuisance debris. ORC 505.87. What ground can I stand on to fight?

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on May 3, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney who can research the case law regarding application of that statute, review all the facts and circumstances of your situation, advise you of possible defenses and appeals, and represent you before any proceedings.

Q: The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on
Answered on Apr 3, 2018
Joseph Jaap's answer
The neighbors should band together and hire an engineer to inspect and determine a cause for the problem, then the neighbors can retain an attorney to review the situation, talk with the city, and try to find a resolution.

Q: I own a commercial bldg in an Ohio town near where i live appraised at 74,600. Corrupt officials are trying to take it.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Mar 29, 2018
Joseph Jaap's answer
As previously answered, use the Find a Lawyer tab to retain a local attorney. A local attorney might be aware of local groups that might get involved. Or a local legal clinic, legal aid, or law school. You might also contact local news media.

Q: On or about April 5, 2018, I will be forced to sell my commercial property valued at $74,600 to a city near New Phila Oh

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Mar 29, 2018
Joseph Jaap's answer
If the city is initiating a taking of your property by eminent domain, then there is a legal process the city must follow to do that, and the property owner can go to court to object. Use the Find a Lawyer tab to retain a local attorney to represent you in that process. Also, you should not post personal information on the internet.

Q: Can I get my house free or a lower price on the land contract due to repairs and problems the owner neglected to fix

1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on
Answered on Mar 14, 2018
Joseph Jaap's answer
Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain a local real estate attorney who can review the land contract and all the other facts of the situation, and advise you about your options.

Q: Can an alteration to a neighboring property legally cause run-off water to flood my property in Ohio? What is statute?

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Feb 23, 2018
Joseph Jaap's answer
Only a court can tell you if you are correct if you cannot work it out with the developer. Water is legally allowed to flow downhill. But an uphill owner is not allowed to collect additional water and divert it so it causes damage to a downhill owner. If not resolved with the uphill owner, the downhill owner would have to get an engineer to study the problem and offer an expert opinion as to the cause, and the court would have to determine if the uphill owner's actions were improper. Use...

Q: Is a public school considered public property or private property?

1 Answer | Asked in Land Use & Zoning and Municipal Law for Ohio on
Answered on Feb 14, 2018
Joseph Jaap's answer
School is quasi-public in Ohio. School board is a quasi-governmental body, a bit public, a bit private. A cop could give a ticket, and then your dad could try fighting it in court. Maybe he wins. Or maybe the cop sees him roll on the school lot, and waits to stop him at the next stop sign on a public street when he doesn't stop for 3 seconds. Or he could just be safe and stop at the sign. A stop is required when exiting any parking lot onto a public street, school or grocery, so whether a...

Q: I need help with a land owner that has animals running at large

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Ohio on
Answered on Feb 12, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local attorney to help you with enforcing ORC. Your attorney can review all the facts and advise you of actions to take, or court action to file.

Q: House situation

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Jan 30, 2018
Joseph Jaap's answer
It does not matter which names are on the mortgage. It only matters which names are on the deed. If both names are on the deed, she is an owner, and she cannot be evicted. If only your name, then you are the owner. You must give written notice to vacate and then file an eviction action, obtain an eviction order from the court, then the sheriff will assist you in removing her property, and you can change the locks. Otherwise, she could sue you for wrongful eviction and money damages. Use...

Q: My neighbor has 35 cats, they are constantly in our yard and peeing on our house, making it smell,Can we shoot the cats?

1 Answer | Asked in Civil Rights, Land Use & Zoning and Animal / Dog Law for Ohio on
Answered on Oct 25, 2017
Joseph Jaap's answer
You can't shoot them. Talk to your local animal control or SPCA. They might issue a citation to her. Or try to get the local building and zoning department, or some other city office, to take action. You could also consider filing a nuisance action in court. Use the Find a Lawyer tab to consult a local attorney to advise you.

Q: Landlocked land in morrow county due to I 71. What recourse do we have today as the current landowners?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Oct 6, 2017
Bruce Martin Broyles' answer
Since you did not purchase the real property already landlocked, you should be able to file an action in the Common Pleas Court to obtain a proscriptive easement.

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