Property Disputes in Columbus, 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 Columbus, 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. Columbus, OH property disputes can involve a wide range of parties, which might include some of the following:
- Neighbors
- Homeowners’ association
- Landlords and tenants
- Family members
- Trespassers
- Property visitors
- Government agencies
The Franklin County Court of Common Pleas has jurisdiction over all civil matters in Columbus. However, if your property dispute involves $15,000 or less, the Franklin County Municipal Court may also be able to hear your case.
Common Types of Columbus, 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 Columbus 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 Columbus, Ohio Property Disputes
Trees that grow close to a property line can sometimes cause issues between Columbus neighbors. According to the Ohio Farm Bureau, you can legally trim branches that overhang your property. However, you must be careful not to damage the tree. In fact, under Ohio law, recklessly damaging the tree would be a 4th degree misdemeanor. On the other hand, Columbus Municipal Code holds the tree owner responsible for damages caused by diseased or dead trees and branches.
Farms and other agricultural operations can be another source of Columbus property disputes. However, Ohio Agriculture laws protect many of these operations from nuisance lawsuits. In order to gain this protection, the farm must be in an agricultural district or on land used exclusively for agricultural production. In addition, the agricultural activities must pre-date the plaintiff’s interest in the property and comply with all applicable laws.
Legal Process for Boundary Disputes In Columbus, Ohio
Has someone brought a property dispute against you in Columbus, 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 Columbus, 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.
Under Ohio statute, fences on a boundary line are the responsibility of the landowner who wants the fence. However, if their adjacent neighbor begins using the fence after its construction, they may have to contribute financially. Keep in mind however, that fences built prior to 2008 are subject to a different set of rules. In addition, the City of Columbus places restrictions on the height, maintenance, and location of fences in the city.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Columbus, 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 Columbus 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 Columbus, 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.
Most Columbus property disputes are heard in the Franklin County Court of Common Pleas. However, smaller cases may also be under the jurisdiction of the Franklin County Municipal Court.
Work With an Experienced Local Property Dispute Lawyer In Columbus, 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 Columbus 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!
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