Legal Question in Real Estate Law in Ohio

I purchased a piece of land, 75 acres. The adjoining land had a vacant house on it. When I had a survey done the property line ran through the middle of the house. How can this be resolved?


Asked on 1/03/12, 7:50 am

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Inquirer: Yours is a fascinating legal problem, which is solvable. First, you should obtain a second opinion by a Registered Surveyor, to confirm the exact location of the property line.

If it is confirmed as running through the existing house, which is incredible, you may wish to negotiate with the owner of the house to settle your claim to the property, and a relocation of the property line.

If it canot be settled, you may have a valid cause of action (claim) against the owner, surveyor, and title company (title insurance) for failure to disclose a material defect in the transaction. You may also have to bring an action (lawsuit) in the Common Pleas Court against the adverse owner for a quiet title action, and judicial determination to adjust the property line, together with any reasaonable damages you are owed, and can prove, etc., plus legal fees, litigation expenses, etc.

I strongly urge you immediately retain an experienced legal counsel to assist and advise you through this legal entanglement. Good luck.

Sincerely, J. Norman Stark, Cleveland, OH.

Read more
Answered on 1/03/12, 8:29 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Ohio