Lawyers, Answer Questions  & Get Points Log In

Ohio Land Use & Zoning Questions & Answers

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 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 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 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 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 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 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 »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on

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

there was a pre existing fence and we are redoing the fence and it seems our house was built on their property by about a foot.

Joseph Jaap answered on Nov 15, 2018

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... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on

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

It hasnt ran n couple months but plates are valid. Part is $500 so just been saving. It is parked in my driveway. I am renting to own.

Joseph Jaap answered on Oct 29, 2018

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.

1 Answer | Asked in Communications Law, Real Estate Law and Land Use & Zoning for Ohio on

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

Concern has been raised that the president is not sending out agenda items for discussion to all homeowners for monthly meetings. What is the law and requirement for information that is discussed at board meetings?

Joseph Jaap answered on Sep 24, 2018

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...
Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on

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.

Joseph Jaap answered on Sep 4, 2018

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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on

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

We purchased our home 'mid May of this year. We went through zoning to get permission for a shed. We had the shed built only to have someone knock on our door and tell us there are deed restrictions on our property. Now we may have to remove a $4600 shed (plus removal costs.) This information... Read more »

Joseph Jaap answered on Aug 29, 2018

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... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on

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

My parents recently bought a house with a 2nd dwelling on it a dwelling that's been there and rented for 20 years. I was going to live there in exchange for taking care of my disabled mother. They would be living in the main residence. Now the zoning department is saying that it's an illegal... Read more »

Bruce Martin Broyles answered on Aug 13, 2018

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... Read more »

2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on

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

even though the grantor did not pay for driveway installation

Joseph Jaap answered on Jun 19, 2018

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... Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on

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

Bruce Martin Broyles answered on May 16, 2018

The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on

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

i live in a general residential zoning district witch allows home based business however mine is being denied without any explanation where do i go from here

Bruce Martin Broyles answered on May 10, 2018

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... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on

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

Yard is cluttered with my things. It’s not full of trash. Certified letter sent with wrong date (void?). How do I get them off my back without getting rid of my things?

Joseph Jaap answered on May 3, 2018

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.

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on

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

The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a row, including mine, have experienced ruptured pipes on our properties. Other homeowners on the street and other streets have experienced the same thing.

Two homeowners... Read more »

Joseph Jaap answered on Apr 3, 2018

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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on

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.

On or about 4/5/18 I will be forced to sell for the paltry sum of $5,000. Otherwise I will be fined $24,000. They want my property which sits on a very large commercial lot, for the benefit of their friends who own the business next door, and needs land for parking. This is not eminent domain.... Read more »

Joseph Jaap answered on Mar 29, 2018

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.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on

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

for the paltry sum of $5,000. Otherwise I will be fined the amount of $24,000. This is all being done in order that they might have my property, which sits on a very large commercial lot, for the benefit of the business next door, which has erected a new building on a small lot and needs land for... Read more »

Joseph Jaap answered on Mar 29, 2018

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... Read more »

1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on

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

Replaced water pump six to seven months after signing contract two of the wall heaters have caught on fire not to mention several other problems no insulation in crawl space, cracking foundation, and attached garage separating just to name a few the previous owner has signed all his properties over... Read more »

Joseph Jaap answered on Mar 14, 2018

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... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.