Recent bills of the 132nd General Assembly (See https://www.legislature.ohio.gov/) pending in the Ohio House and Ohio Senate related to real property are as follows: House Bill 39 General Assembly: 132 Short Title: Require removal of snow and ice from abutting...
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To Be or Not to Be (an Enforceable Real Estate Agreement), That Is the Question
While title to real estate cannot transfer without a deed and a closing, the closing merely carries out the provisions of the real estate agreement. Accordingly, it is the agreement in a real estate transaction that is of paramount importance as it creates the...
Taxpayers Appealing Board of Tax Appeals Decisions May No Longer Get their Day in Court (the Ohio Supreme Court, that is)
By Stephen Richman As of September 29, 2017, those wishing to appeal Ohio Board of Tax Appeals (“BTA”) decisions no longer have a choice between the Ohio Supreme Court and the Court of Appeals (for the county in which the taxed property is located or the taxpayer...
“Game” (Case) Called on Account of Absurdity
(A Watch Your Language Series Article) “If the law supposes that," said Mr. Bumble, "the law is an ass — an idiot.” Many laymen (and lawyers) believe, as Mr. Bumble in Charles Dickens’ Oliver Twist does, that the law, as a general rule, is absurd. Admittedly, there...
Ohio Court of Appeals (Hamilton County) Upholds Late Fee Provisions in a Residential Lease
By Connie S. Carr On July 26, 2017 the Ohio Court of Appeals, 1st Appellate District (the Court) issued its opinion in Drake Townhouses L.L.C. v. Woodberry, 2017-Ohio-6968, which relates to a landlord-tenant case appealed from the Hamilton County Municipal Court. The...
The Government Does Not Always Win
I had a law school professor that would often proffer the following two theories to rationalize court decisions (especially ones he seemingly did not understand): 1) the justices did not “get any”…. breakfast that morning; and 2) the government always wins. I...
Ohio Supreme Court: Charitable-Use Exemption from Real Estate Taxes Based on Nondiscrimination, Not Quantum of Charitable Care
On June 15, 2017, the Ohio Supreme Court issued its decision in Dialysis Ctrs. of Dayton, L.L.C. v. Testa,Slip Opinion No. 2017-Ohio-4269, which provided clarity on the basis for granting or denying a charitable-use exemption from real property taxes. The Dialysis...
General, Unrestricted Access Easement Does Not Guaranty Unlimited, Unrestricted Use
Watch Your Language. As established in other “Watch Your Language” articles for this Blog, as a general rule, courts will uphold language in commercial agreements, unless it is contrary to statutory law or public policy. They traditionally presume that commercial...
Another Ohio Court Holds that Real Estate Broker’s License Required to Broker Gas and Oil Leases
By Connie S. Carr A recent decision by Ohio’s Seventh District Court of Appeals (the Court) regarding whether a real estate broker’s license is required to be compensated for services related to gas and oil leases has been appealed to the Ohio Supreme Court. On...
Following the Yellow Brick Road to Real Estate Ownership
By: Stephen D. Richman Becoming the “owner” of real estate is not quite as difficult as acquiring a wicked witch’s broom, but it is somewhat of a labored journey. The seemingly simple answer to the question of when one becomes the owner of real estate is: when title...