Property Disputes in Cleveland, OH
Property disputes in Ohio are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.
Find out what you can do if you have a property dispute in Cleveland, Ohio. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.
What Is a Property Dispute?
Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Cleveland, OH property disputes can involve a wide range of parties, which might include some of the following:
- Homeowners’ association
- Landlords and tenants
- Family members
- Property visitors
- Government agencies
Cleveland residents will generally file property dispute cases with the Cuyahoga County Court of Common Pleas. Upon appeal, the case may move to the Eighth District Court of Appeals of Ohio.
Common Types of Cleveland, Ohio Property Disputes
It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:
- Disputes between neighbors regarding where property lines exist
- Disputes between landlords and tenants regarding who is at fault for damage to the property
- Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
- People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
- Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
- Disputes between homeowners and government agencies about whether they have a utility easement
- Ownership disputes about who is the rightful owner of a property
- Issues with zoning
Beyond these examples, you may find other situations in Cleveland where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.
Understanding Typical Cleveland, Ohio Property Disputes
According to the Ohio Farm Bureau, Ohio prohibits anyone from recklessly damaging a tree on another person’s property in Cleveland. Without the consent of the landowner, you can face up to $250 in fines, and up to 30 days in jail. This is because this act is considered a fourth-degree misdemeanor.
According to Ohio State University, Ohio strengthened its Right-to-Farm (RTF) law in 2019. RTF, also known as the Agricultural District Program (ADP), now makes it easier for farms to receive immunity from nuisance actions. Specifically, a Cleveland landowner may not have to actively enroll and re-enroll their land in the ADP to obtain immunity.
Legal Process for Boundary Disputes In Cleveland, Ohio
Has someone brought a property dispute against you in Cleveland, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.
Understand the Boundary Issue
To understand the specific boundary dispute, you’ll have to do the following things:
- Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
- Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
- Do a title search to find all of the documents in the chain of title of your Cleveland, OH property. The title search will show if any deeds may affect your ownership.
These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.
According to Ohio’s State Bar, Cleveland neighbors who have a line fence that existed before September 30, 2008 must fairly share responsibility for maintaining it. If the fence is built after this date, the responsibility fully belongs to the landowner who wants or plans to use the fence. Additionally, the City of Cleveland Ordinances have several fence height and placement limitations. It is wise to review these regulations before building to avoid disputes with neighbors and the City of Cleveland.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Cleveland, Ohio can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.
Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.
Sending a Demand Letter
This letter will be from your Cleveland attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.
Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.
Going to Court or Reaching a Settlement
Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Cleveland, OH property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.
If your property is in Cleveland, you will generally file suit with the Cuyahoga County Clerk of Courts. In addition, you will probably need to appear at the Cuyahoga County Justice Center in downtown Cleveland.
Work With an Experienced Local Property Dispute Lawyer In Cleveland, Ohio
When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Cleveland property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Ohio state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!