What types of real estate disputes can you settle in civil court?

On Behalf of | Jun 5, 2024 | Civil Litigation |

The real estate you own is a significant investment and a valuable part of your life or livelihood. That is why real estate disputes can arise for many reasons, and Ohio civil courts can help settle these issues.

It is important to understand the common types of real estate disputes that a civil court in Ohio can help resolve.

Boundary disputes

Boundary disputes occur when neighbors disagree about the property lines between their lands. This can happen due to unclear property descriptions or inaccurate surveys. Civil courts can determine the true property lines by reviewing deeds, surveys and sometimes even historical documents.

Landlord-tenant disputes

Landlord-tenant disputes are frequent and can include issues such as unpaid rent, security deposit returns and eviction proceedings. Tenants might also bring cases to court if landlords fail to make necessary repairs or maintain the property according to the lease agreement. Ohio courts handle these disputes by interpreting the terms of the lease and current landlord/tenant law.

Breach of contract

A breach of contract happens when one party fails to fulfill the terms of a real estate agreement. This could involve purchase agreements, leases or other contracts related to real estate transactions. If a seller refuses to transfer property after receiving payment, or a buyer fails to pay as agreed, civil courts can enforce the contract or award damages.

Adverse possession

Adverse possession allows someone to claim ownership of land if they have occupied it continuously and openly for a certain period. In Ohio, this period is 21 years. Civil courts can resolve these disputes by determining if the requirements for adverse possession are in place.

Easement disputes

Easement disputes involve disagreements over the right to use someone else’s property for a specific purpose. Common easements include the right to cross a neighbor’s land to access a road or utility line. Courts can decide the scope and validity of easements based on the property deeds and the history of use.

Property title disputes

Property title disputes arise when there is uncertainty or conflict over who holds legal ownership of a property. This can result from unclear wills, fraudulent transfers or clerical errors in public records. Ohio civil courts can examine evidence and rule on the rightful owner of the property.

Nuisance claims

Nuisance claims occur when a property owner’s actions interfere with another person’s enjoyment of their property. Examples include excessive noise, unpleasant odors or pollution. Courts can provide remedies such as monetary compensation or injunctions to stop the nuisance.

Attempting to resolve these types of real estate disputes by yourself can prolong the process or cause them to escalate unnecessarily. Following established procedures in the civil court system can help bring an official end to your real estate disagreement.