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Ohio Land Use & Zoning Questions & Answers
1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Ohio on
Q: Our neighbors have 12 dogs that they keep inside their home. Is that legal outside of a municipality?

When they are outside, they bark continuously. Every time we go outside we have dogs barking at us. We have complained to the township trustees, and have even called the sheriff a couple times. The only answer we get is there is no law governing this. The only thing the township told me is that... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

Have you talked to the neighbors about it? If there is no local ordinance, then your options are limited. Use the Find a Lawyer tab to retain a local attorney who can review the facts and discuss filing a nuisance lawsuit. But neighbor problems are difficult to resolve, and can escalate,... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you, add a... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Land Use & Zoning for Ohio on
Q: How is this portion of the Ohio revised code not unconstitutional?

Ohio revised code 505.07 seems purpose written to allow Township Trustees and Developers to effectively negate the results of any zoning referendum and deny citizens voting rights. Consider the following scenario, Trustees have been ignoring recommendations from zoning board and residents to not... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 19, 2019

Local governments can mostly do what they want unless subjected to a legal challenge. Concerned residents can join together and use the Find a Lawyer tab to retain a local attorney who handles administrative law, land use, and zoning issues, to advise them about filing a lawsuit.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I have a property in Dayton city limits. It is between Springfield and 3rd. Can I put a trailer on property?

I want to know if I can place a trailer on my property. It used to have a house there so it has gas and water and sewage hook ups. I’m not sure of the zoning but I would like to make this property into an asset instead of currently it being a burden.

Joseph Jaap
Joseph Jaap answered on Nov 26, 2019

Check with your local building and zoning department to determine permissible structures and uses.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can a township trustee trespass on my property to take pictures of my belonging?

They said we had to work on clean up the junk on our property. We have started to do so but now they are walking up on our property and taking pictures even after being told not to.

Joseph Jaap
Joseph Jaap answered on Nov 5, 2019

Yes, they can enter as part of their enforcement duties. You could try contacting the police to say they are trespassing. The police are unlikely to do anything about it. Or you could file a civil action for trespass. The court would likely dismiss it.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I'm a senior citizen, 75 yrs old, whose been cited to go to court for not painting the entire house, only the front

Ranch home. Have severe arthritis both knees and problems with rare disease of both hands. Cannot climb ladder or afford the costs of the estimates I've gotten. Can't locate any government assistance? I seldom leave home as I can't sit or stand for long and can't walk far. Don't know where to turn.

Joseph Jaap
Joseph Jaap answered on Nov 1, 2019

Contact Pro Seniors. (513) 345-4160, or 1-800-488-6070

They are in Cincinnati, but might be able to direct you to assistance where you live.

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If there is a shed on a rental property before I move in and it gets damaged am I responsible for fixing it?
Joseph Jaap
Joseph Jaap answered on Oct 1, 2019

It depends on what the written lease says, that landlord and tenant signed. If the lease is for the land and buildings, and there is no exception for the landlord to keep using the shed, then the landlord could hold the tenant responsible. If tenant didn't pay to repair the shed, then landlord... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord has left a car on my property after repeatedly saying hed move it (in writing). Can i take ownership of it?

Ive live in my house for over 10 months now. Since moving in i have asked my landlord repeatedly and he has agreed repeatedly, to remove his daughters car from my property and he has not. He is now complaining about us not weed-eating around the car, which we decided not to do, the last time we... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 24, 2019

No. You can write a letter; make a copy of it; send it by certified mail or hand deliver it. The letter should state that the issue with the car, give your landlord 30 days to move the car, and if the car is not moved you will begin to escrow your rent. In thirty days, take a copy of the letter... Read more »

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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 Civil Rights, Intellectual Property, Land Use & Zoning and Real Estate Law for Ohio on
Q: I was rented home by a scammer real owner showed up with police saying I had to leave by Monday that property is vacant

I have a lease from scammer I’ve paid 1000 deposit and 850 first months rent what are my rights can they really make me leave like that

Joseph Jaap
Joseph Jaap answered on Aug 30, 2019

If the police don't force you out, the owner could file criminal trespass charges against you, and also file an eviction against you. Try to work it out so that an eviction and charges are not filed against you, since those are permanent public records, and can make it difficult for you to rent... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: What are the repercussions for landlord interrupting quiet enjoyment?

Landlord showing house to prospective tenants and allowing 11 year old son to fish in pond unsupervised and did not ask permission. Also has electrician come to house without giving adequate notice. Was told on a Wednesday he’d be there the next day and didn’t show up until Saturday. Lease is... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 26, 2019

There really are no repercussions. There is no practical remedy for a tenant against a landlord who acts that way. You can advise landlord that proper advance notice is required.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Can a township deem a persons property a nuisance without using a court or notifying the property owner?

I live in Olmsted township and the building commissioner had the trustees deem mine and other property a nuisance. He did not notify anyone of these actions and when I questioned him on it, he said according to the Ohio revised code he did not have to notify us, or use a court.

Joseph Jaap
Joseph Jaap answered on Aug 15, 2019

It depends on local ordinances. Use the Find a Lawyer tab and retain a local attorney to review the zoning code and local ordinances, and advise you if the township followed the proper process and whether you can appeal.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: Does a landlord have to provide safe and healthy for all tenants if one of the neighbors is a hoarder

There's 8 apartments 1 of them is a hoarder that has rats roaches bed bugs p

she's been evicted 10 times has lived there at decade and they won't a

Evict her for late payment of rent they keep letting her stay here and people are getting sick from all the insects bed bugs mice and... Read more »

Taylor P Waters
Taylor P Waters answered on Jul 26, 2019

Yes. Under ORC 5321.04 (A)(1) and (3) a landlord must (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety and (3) Keep all common areas of the premises in a safe and sanitary condition.

You could probably...
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1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Ohio on
Q: Can an officer pull into a private parking lot and then begin to tail you

I'm was sitting at a wendys in the town I live in in ohio which has a private parking lot chatting with an friend while chatting with her I notice a police cruiser a block down road on the opposite side of 5 laned road at stop sign he then pulled onto the road and into the wendys as she went I side... Read more »

Matthew Williams
Matthew Williams answered on Jun 28, 2019

He can follow you sure. Did you signal the turn into the gas station? If not, then he’s got you.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Is there any way that my neighbor can be held responsible for his sump pump draining in my yard causing it to flood?

His sump pump is pushing water from his property onto my property and is causing flooding by the entry way to my backyard. This is also causing an inconvenience when i go out to cut my grass, causing my lawn mower to get stuck in the mud. He is aware of the issue and stated over a year ago that he... Read more »

Joseph Jaap
Joseph Jaap answered on May 14, 2019

Yes, there is a way -- he can be held responsible by suing him. He is causing damage to your property. Use the Find a Lawyer tab to retain a local real estate attorney who can review the facts and advise you of your options, and communicate with the neighbor on your behalf that any further delay... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: Bought a home in 2001, has a farm right of way through the property

Farmer rents the farm land, hasn't used the right of way since 2011, what is the time frame in Ohio to consider the right of way abandonment by Ohio law. The right of way is at a dangerous entry and exit to a state highway. We had to call the sheriff in 2010 pertaining to the farmer trespassing off... Read more »

Joseph Jaap
Joseph Jaap answered on May 1, 2019

A claim of adverse possession requires 21 years, so it has not been enough time since 2011. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records for easements and to review the other facts, and advise you of your options.

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 Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Q: What about mowing our property even though we have asked him not to and how many strips beyond what he has taken

What about mowing? How much land is he allowed to claim for mowing beyond what he has already taken do we have to allow, even if we send him the letter as advised?

Joseph Jaap
Joseph Jaap answered on Mar 1, 2019

There is no rule about that. Coming over the boundary line is technically a trespass. Use the Find a Lawyer tab to retain a local real estate attorney who can review a survey and all the facts, and advise you with specifics.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Q: I have a question about property owners rights. We have a neighbor that has been mowing our property and asked not to

We have a situation that our neighbor mows our property even though we have asked him not to and have shown him the property stakes but he still continues and has mental problems, schizophrenia, we don't want to upset him but he has put out a garden and logs to claim it. They unknowingly put up a... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 1, 2019

You could send them a letter giving them "permission" to keep it there, but advising you retain the right to have it removed at any time. Send the letter by certified mail with return receipt, to defend against any claim by them for "adverse possession." Or you could demand that they remove it,... Read more »

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