Get free answers to your Real Estate Law legal questions from lawyers in your area.
I purchased a house in July and recently discovered that the adjacent home shares our septic tank. The previous owner and the adjacent homeowner are siblings. There was no disclosure of this arrangement during the sale, only an easement for the driveway and electricity. The adjacent homeowner... View More 
answered on Apr 18, 2025
Resolving the issue will be learning what your legal rights are and protecting them. There were most likely no issues that were required to be disclosed by the homeowner, and the realtor probably did not know about it. Depending on the date that the neighboring home was built, a shared system may... View More
I own a rental property and there is a neighbor's tree that is hanging over my property. I've sent a letter to the neighbor about the situation but have not received a response. In the past, a small branch fell, and despite being informed, no action was taken by the neighbor. I have... View More
answered on Apr 10, 2025
If a tree (or limb) from a neighboring property falls and causes damage—whether to the structure, yard, or a tenant's personal property, liability usually depends on whether the neighbor was negligent. That means if the tree was healthy and fell due to a storm or "Act of God" (high... View More
I want to transfer my deceased parents' house into my name. The house is fully paid off, and there is no probate or disagreement among my siblings. My brother is the executor of the will. What form do we need to fill out to transfer the deed into my name without going through probate court?
answered on Apr 8, 2025
Probate can only be avoided if your parents had recorded a Transfer on Death deed or affidavit. If they did not, you have to go to probate. Depending on the time since your parents died and the local rules of the county probate court, you or your brother may be able to do a Transfer of Real... View More
I'm planning to sell my home by owner and need clarity on the paperwork and closing procedures. What legal steps should I follow to ensure everything is handled properly?
answered on Apr 5, 2025
At a bare minimum you will need a purchase agreement for you and the buyer to execute. You will need to come to an agreement as to any money owed to any lender to the seller. You will need to have a deed drafted to be recorded confirming the transfer of the property. The buyer will need to fill... View More
I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More
answered on Apr 3, 2025
You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More
I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More
answered on Apr 3, 2025
Your landlord would need to either buy out his brother's interest in the property or file a partition action to have the court order him as the rightful owner (100% interest). Then he can sell it to you without his brother's permission. Otherwise, as long as someone else is a co-owner of... View More
I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More
answered on Mar 28, 2025
Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More
I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More
answered on Mar 28, 2025
Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More
In my dissolution, my ex-husband was required to refinance the mortgage to remove my name within two years. He has not done this, and although he attempted to refinance in September 2024, he was laid off again and the mortgage remains in my name. There was a 'late' payment reported to my... View More
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answered on Mar 26, 2025
Yes, but you may not need to do that. So long as you are satisfied with receiving your percentage of equity from the sale from the title company, then all is well.
If you really want to force the refinance, you can always file a motion to show cause. But, if he's not making enough to... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your father needs to take the steps necessary to transfer the house from your grandfather to your father. Transferring the deed on death requires the death certificate, and affidavit to be recorded. Your father should also take the steps necessary for the lender, if any, to recognize your father... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More
I live in a town that recently installed new water meters without resident input. After the installation, my underground water line cracked, resulting in a continuous leak of 2-3 gallons of water every hour, and the estimated repair cost is $4,000. A plumber suggested the crack was due to excessive... View More
answered on Mar 13, 2025
The issue is one of sovereign immunity. Ohio Revised Code 2744.02 says that political subdivisions are liable for negligence of their employees in caring out governmental proprietary functions. The political subdivision is immune from liability in caring out its governmental functions. I would... View More
I purchased a home in Ohio in 2020, and no major disclosures were made at the time. After purchasing, I hired a roofer to replace shingles, who informed me that the roof is likely not up to code. Similarly, a plumber mentioned that the plumbing doesn't appear to be to code, although more... View More
answered on Feb 27, 2025
The seller is only required to disclose items that the seller is aware of. The seller may not have known about the code violations. You should read the contract for the home inspection. There are most likely limitations on the extent of the inspection. The contract for the home inspection will... View More
My father died 5 years ago, and my mother never had his name removed from the deed to their house. My mom has just passed away. Their joint will directs their wishes, but the deed still has both of their names on it. They both passed away in Ohio. We are unsure about survivorship details on the... View More
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answered on Feb 27, 2025
If there is survivorship language, then no. You can simply file an affidavit of surviving spouse with the recorder's office. This answer does not affect any other property that might have been in his name, which may still need to be probated.
My husband and I have been married for a year and a half. Four months into the marriage, my stepson committed suicide while in the military, and my husband received a death benefit as the beneficiary. We used this benefit to purchase and pay off a house, with both our names on the deed, and the... View More
answered on Feb 25, 2025
In Ohio, the important issue of separate property vs. marital property is the ability to trace the source of the funds. How real property is titled is not determinative of how the property is titled. Even though the funds went to your husband and then were deposited into a joint checking account,... View More
We all live together with my husband as well. Since I got married, they seem to have declined in health. Dad had a TIA and is better now. But mom isn't taking care of herself. We constantly argue about the fact that they have not let me out if their sight since birth. I just need my own space... View More
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answered on Feb 9, 2025
If you are all titled owners of the house, and you don't want to live with them, then you either need to 1) buy out their interest in the property and have them move; 2) have them buy your interest in the property and then you move; 3) sell the property and everyone moves; or 4) if no one can... View More
We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More
answered on Nov 6, 2024
Most house listings have a disclaimer stating that the information is not guaranteed to be accurate, and buyer should verify it. Most purchase contracts also state that any statements by agents are not to be relied on by buyer. Most purchase contacts also advise buyers to get whatever inspections... View More
We signed a contract to purchase a house for a specific sale price. The property was presented to have 1844 square feet. I thought it felt smaller and when I asked the realtor said wait for the appraisal to see. After appraisal it was noted the sale price was within market range but the actual... View More
answered on Nov 6, 2024
For a more thorough answer an attorney would need to review your purchase agreement. A standard purchase agreement would have an appraisal contingency. However, the contingency is usually fulfilled if the property appraises for the amount of the purchase price. With the square footage being off,... View More
My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More
answered on Oct 17, 2024
It is important to note that monuments and landmarks take precedent over surveys from legal descriptions. If the monuments have been placed there some time ago, you need to discuss the issue with your neighbor. Otherwise, you have a boundary dispute and the Court will determine whether the... View More
My neighbor hired a surveyor who put in a new property pin and staked the property line. The new property pin is approximately 4.5 feet from the previous one. The previous pin is listed on my Warranty Deed. The triangle shaped staked area in question cuts through my carport. My carport has been in... View More
answered on Oct 16, 2024
Talk to the surveyor who set the new pin and compare to the plat or legal description of your parcel. You might have to hire your own surveyor to confirm your boundaries and determine if the carport encroaches. Even if there is no encroachment, it might not meet the zoning setback requirements.... View More
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