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Ohio Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Ohio on
Q: If you own land with a deed that states Sole Survivor, can I build on it? What is Michigan law state?

The land is owned by two of us. I want to build. Can I and what’s the process.

Nicholas P. Weiss
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answered on Aug 8, 2023

You may want to ask this in the Michigan group. You posted in Ohio.

1 Answer | Asked in Real Estate Law for Ohio on
Q: We would like the portion of a right of way abutting our property vacated. Does the entire right of way need to be vacat

...vacated or can the half-width of our section be vacated only?

Todd B. Kotler
Todd B. Kotler
answered on Jun 27, 2023

I am not aware of partial right of way. Further, what compelling argument do you have for which a court would grant that relief to you, against the state or its geographic subdivision? You will need to allege something to overcome the presumption in favor of maintaining the status quo.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Q: I have a land contract where since signing the agreement they have not a payment and refuse to communicate.

I know I am jumping the gun here but with no communication whatsoever or responding to certified mail request, I wanted to know ahead of time what I will need to do. I am concerned due this being the first payment, no response from them in any way, and them ignoring requests from their realtor I... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

Default may be defined by your land installment agreement. Assuming for a moment it is not, it would be any failure by a patch to fulfill a duty under that agreement. If they are late they are in default. You may exercise your statutory rights. Contact an attorney who regularly practices... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: i'm selling a property in kansas. can my closing costs and filing fees be taken from the sale proceeds
Todd B. Kotler
Todd B. Kotler
answered on Jun 7, 2023

I do not practice in Kansas, but in Ohio that is what often happens. Typically it is reflected in the closing statement prepared by the title company. It reflects the sale price, seller's costs, buyer's costs, and then the very last number is the net amount to the seller.

1 Answer | Asked in Real Estate Law and Tax Law for Ohio on
Q: How can I add non-married partner of 25 yrs as lessor on rental contract so she can claim rental income and expenses?

She isn't on deed or mortgage

Todd B. Kotler
Todd B. Kotler
answered on Jun 5, 2023

It sounds like you may want to contact a real estate attorney to draft a contract for an assignment of the lease to this partner. It is not clear if this will be sufficient to bind whoever succeeds you to owning the property after your eventual demise.

1 Answer | Asked in Consumer Law, Real Estate Law, Constitutional Law and Federal Crimes for Ohio on
Q: Does a trailer park have to fix a broken mailbox? Right now all of our mail is being held at the post office.

The mail boxes old and the lock system is now broken so the mail carriers can not open it to deliver our mail. It has been 3 weeks! Does the owners of the park have to fix this and how long do they have?

Todd B. Kotler
Todd B. Kotler
answered on Jun 3, 2023

This would depend entirely on your agreement with trailer park. Trailer parks so not fall under the landlord tenant act unless you are renting the trailer rather than just the lot.

1 Answer | Asked in Real Estate Law for Ohio on
Q: As a buyer, do i have to pay a $500 Broker's Document Retention Fee and service fee of $250? The property is in OH.

I am making an offer on a property and this is stated on the offer contract

Matthew Williams
Matthew Williams
answered on Apr 25, 2023

The parties to a contract are free to make whatever terms they like (within reason). How you split up the various fees involved in a property sale is a matter that can be negotiated. If you sign an agreement that says you are responsible for a fee, you should expect to pay it.

1 Answer | Asked in Real Estate Law and Federal Crimes for Ohio on
Q: My mom signature was forged 15 years ago on a quit claim deed document. Is there anything we can legally do now?

My mom and dad got divorced in 2005 and decided the house would go to me or my dad had to sell it and split the profits. My dad lied and said he sold it to my sister, but what really happened was my sister forged my moms name and also notarized the quit claim deed in 2007 saying my mom was giving... View More

Nicholas P. Weiss
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answered on Apr 12, 2023

Most fraud has a statute of limitations date of four years from the date of discovery. It sounds like you are well past the statute of limitations to contest the fraudulent deed.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Ohio on
Q: Can i have my sister removed from my home and reported her elderly abuse.

I own a house in Ohio that my parents are currently living in. I live in Texas. My father is on hospice and my mother just recently had a partial foot amputation. My sister decided to use FMLA to stay and take care of them, well mainly to take care of my dad. She is now terrorizing the home. I... View More

Nicholas P. Weiss
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answered on Apr 12, 2023

Call Ohio adult protective services ASAP: https://aps.jfs.ohio.gov/

If she doesn't actually live there, then change the locks and lock her out. She is not a tenant and not subject to Ohio tenant protections. Call the police as well and report her for trespassing.

2 Answers | Asked in Real Estate Law for Ohio on
Q: My mother Quit Claimed her home to my sister and I at the time of her death in 2018. Are we responsible for a balance on

a home improvement loan she had on the property?

Nicholas P. Weiss
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answered on Apr 5, 2023

You are not personally responsible for the loan, but there is likely a lien on the house as a result of the loan allowing the lender to foreclose on the property if the loan is not satisfied.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Neighbohood developer created an HOA. Does it still exist if lot owners were supposed to take control but didn't?

Developer created a HOA when building neighborhood. He created a non profit corporation via secretary of state and filed declaration of restrictions with county recorders office. According to the restrictions it states management and voting control concerning all issues regarding association... View More

Nicholas P. Weiss
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answered on Mar 16, 2023

It's less about paperwork and more about use. If no one is actually utilizing the HOA, then a strong argument can be made that the restrictions and provisions of the HOA no longer apply.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a managing member who physically lives in Florida manage a property owned by an LLC in Ohio?
Nicholas P. Weiss
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answered on Feb 9, 2023

Legally? Yes. Practically? That is a recipe for disaster. Highly recommend hiring a local property manager.

1 Answer | Asked in Real Estate Law for Ohio on
Q: How to fill out form in ohio Called forcible entry and detainer after serving 3-day notce to leave

Renter is 3months late. Trying to evict

Anthony M. Avery
PREMIUM
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answered on Feb 6, 2023

You obviously need to hire an OH attorney to regain possession from the tenant.

1 Answer | Asked in Real Estate Law, Agricultural Law, Construction Law and Environmental for Ohio on
Q: 18acres of a farm adjoining to our farm, is building 90 townhouses . They are removing the woods between us exposing our

They are removing the woods between us exposing our privacy. What rights to do we to protect our privacy ?. And what happens if these new townhouses block our well water or contaminate it?

Joseph Jaap
Joseph Jaap
answered on Feb 6, 2023

If the developer purchased the property with the woods, then it can remove the trees. Talk to the local building and zoning office that issues permits for the construction about your concerns.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... View More

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

1 Answer | Asked in Estate Planning and Real Estate Law for Ohio on
Q: If I record a new OH property deed, will it sever the survivorship tenant rights created in the prior deed?

The new deed contains express language that I do intend to preserve the survivorship tenant rights, rather than severing those rights.

Nicholas P. Weiss
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answered on Nov 9, 2022

The easier thing to do would just be to include new survivorship language in the deed. Don't overcomplicate things.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I'm co-owner of two time shares. Is there a way I can remove me from the deed(s). Is it possible to do a quit claim?

The other party is being very uncooperative and will not answer calls or letters...

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 19, 2022

Yes, you can quit-claim your interest in the property to the other co-owner.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio I found an 1947 easement that allows me to have foot traffic across my neighbors parcel. mentioned 1974

the easement was restated in 1974 then no ,mention to date. would the easement still be valid ?

Joseph Jaap
Joseph Jaap
answered on Oct 18, 2022

Whether it is valid depends on the exact terms stated in the grant of easement as recorded in the county records. There is no need to keep re-stating and re-recording an easement to keep it valid. Use the Find a Lawyer tab to retain a local real estate attorney to search the county records and... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: I'm living in a house that was recently sold and I'm wondering what my rights are

My parents sold the house and now there are new owners and I don't know when I have to be out and don't know any rights I have

Joseph Jaap
Joseph Jaap
answered on Oct 10, 2022

If you had a written lease with your parents, the new owner must honor that. If there was no lease, then you are a month to month tenant, and the new owner can offer you a new lease, or terminate your occupancy by giving you 30 days' written notice.

1 Answer | Asked in Real Estate Law and Divorce for Ohio on
Q: If my husband purchased our home before we were married, and I am not on the mortgage, am I also financially responsible

We are divorcing. Can I record a Quit Claim deed to him for my marital equity prior to divorce so I can obtain another home?

Joseph Jaap
Joseph Jaap
answered on Oct 6, 2022

The divorce will divide assets, equity, and debts between the spouses, to determine who gets what and who pays what. A Quit Claim Deed would not be effective until after the divorce has been finalized by the court. Talk to your divorce attorney about it, or use the Find a Lawyer tab to retain a... View More

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