Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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.
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... View More 
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.
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.
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?
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... View More
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.
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... View More
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... View More
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... View More
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... View More
even though the grantor did not pay for driveway installation
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... View More
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.
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
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... View More
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?
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.
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... View More
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.
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.... View More
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.
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... View More
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... View More
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... View More
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... View More
I live beside multiple vacant lots in a HOA, which are now owned by a builder. Last fall, they began excavating to raise the grade to I assume build a house, however now that the snow is melting & it is raining, I get extensive flooding in my backyard from run-off water. I don'r think... View More
answered on Feb 23, 2018
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... View More
My Father said that he doesn't have to stop at a stop sign in a school parking lot because it is private property, and so I wanted to see if he was correct.
answered on Feb 14, 2018
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... View More
Land owner refuses to contain cattle to his property, allowing animals to cross roadway onto my land. Animals have destroyed shrubs and tracked through my lawn and hay field.
February 09, 2018 his cattle were on roadway and caused an accident with a motor vehicle. OSP was on scene to... View More
answered on Feb 12, 2018
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.
I have a question concerning my ex fiancée’s stuff being in my house. We had gotten the house together while engaged and she is the borrower and I am the co borrower. I’m in the process of assuming the loan at the moment. She moved out before October and I’ve been making the mortgage payment... View More
answered on Jan 30, 2018
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... View More
We don’t have cats and Our house reeks of cat pee from them, they constantly dig in our flower beds and poop in them. And tourment my dog.
answered on Oct 25, 2017
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... View More
In the 1950's when I71 came through Morrow County our 40 acre parcel became landlocked. There is nothing on the books in Morrow county where there was ever an easement given to the landowners. I am sure that it was a good old boy scenario at the time for the "owners at the time" to... View More
answered on Oct 6, 2017
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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