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Ohio Land Use & Zoning Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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... Read 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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Will a cease and desist order help me stop being harassed by jealous, spiteful neighbors?

I purchased a fixer upper home 04/19/2019 & despite covid I have made & continuing to make major repairs, but my neighbors who aren't happy that I purchased the property & they didn't, have been making constant unwarranted complaints to the city & mayors office that keeps... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 8, 2021

Neighbor problems are difficult to resolve and can get worse if legal action is taken against them. They could do a lot of things, and it could be impossible to prove that they violated a court order. Use the Find a Lawyer tab and retain a local attorney to advise you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: We believe our neighbor has built a fence into o it property line. What can we do?

We purchased the house July 2020. He claimed the fence as his on the property line. After research to build a privacy fence we found the property makers are on the other side of the fence. The fence he claims appears to be about a foot or more into our property line. He is refusing to take it down... Read more »

Joseph Jaap
Joseph Jaap
answered on Mar 2, 2021

Disputes with neighbors can be difficult to resolve, and can get worse. So try to work it out with the neighbor. If you are unable to get the neighbor's cooperation, you first must obtain a survey of your property to confirm your exact boundary lines. Then if the survey confirms the fence... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: There is a house trailer located within my property boundary. Can I charge them rent or have them move it?

I purchased the property in January and the trailer was already there and occupied.

Joseph Jaap
Joseph Jaap
answered on Mar 1, 2021

If there is no written lease and you want them to leave, you must follow the proper eviction process. Check your local court web site or use the Find a Lawyer tab to retain a local attorney to assist you with the process.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: As the City, could I require that any newly developed parking lots require cross access easements and shared parking?

I'm interested in applying this standard to prevent erosion of the downtown area into a sea of parking, with landowners possessively protecting their empty parking lots rather than sharing the resource. Ideally, landowners would pay each other for the shared resource, but other than parking... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 23, 2021

Direct that question to your city attorney. It would have to be added by an ordinance approved by city council, amending the local zoning and building code, and could get opposition from property owners and developers.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I want to erect a coop to raise 6 egg laying hens on a property that is less than an acre in Delaware County Oh.

I don't own property yet, so if there is a neighboring county that is more lax that would be very helpful.

Joseph Jaap
Joseph Jaap
answered on Feb 15, 2021

It depends on local zoning laws which are different from one place to another. Check with the local zoning office.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: We own the house and the land that house directly sits on. My aunts bf owns the property. Can he "evict" us off property

We both the house from his brother and have a title to the house. The house came with the land that house directly sits on. He's constantly saying that if we don't pay him $X amount each month he will call the sherriff and have us removed. We pay our own property taxes as it is. His mom... Read more »

Joseph Jaap
Joseph Jaap
answered on Nov 30, 2020

You'll have to retain a local real estate attorney to review all the relevant real estate records to determine who has what specific rights to the house, land, any easements, etc. Use the Find a Lawyer tab.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap
answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: if i own three lots next to each other can i provide myself easements to run utilities from one to the other?

How is that legally done? Does it have to be recorded on the deeds?

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

Use the Find a Lawyer tab to retain a local real estate attorney to review your plan and advise you what easements and deeds will be required.

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