Property Disputes in Dayton, 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 Dayton, 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. Dayton, 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
In Ohio, the Court of Common Pleas hears property dispute cases. If the property is located in Dayton, you will typically file your case with the Montgomery County Court of Common Pleas.
Common Types of Dayton, 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 Dayton 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 Dayton, Ohio Property Disputes
According to the Ohio Farm Bureau, you cannot recklessly damage a tree on another person’s land in Dayton. Without the owner’s consent, this act is considered a fourth-degree misdemeanor. Penalties include up to 30 days in jail and up to $250 in fines. You may also be liable for up to three times the value of the tree in damages.
Dayton farm operations must generally enroll in Ohio’s Agricultural District Program to receive protection from nuisance lawsuits. These lawsuits typically involve matters such as odor and noise coming from the farm. Dayton farms that are devoted exclusively to agricultural production and are at least 10 acres in size are eligible to enroll. Farms that produce an average yearly gross income of at least $2,500 during a three-year period are also eligible.
Legal Process for Boundary Disputes In Dayton, Ohio
Has someone brought a property dispute against you in Dayton, 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 Dayton, 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.
The responsibility for building or maintaining a fence in Dayton depends on when it was built. According to the Ohio State Bar, Dayton neighbors with a line fence that existed prior to September 30,2008, must equitably or fairly share the responsibility. After that date, the responsibility falls to the Dayton landowner who wants or plans to use the fence.
Try to Find a Solution with Your Neighbor
Property dispute litigation in Dayton, 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 Dayton 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 Dayton, 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.
As a Dayton resident, you and your attorney will generally file suit with the Montgomery County Clerk of Courts. As well, you may need to appear at the Montgomery County Courthouse in Dayton.
Work With an Experienced Local Property Dispute Lawyer In Dayton, 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 Dayton 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!