Covenants, Conditions, and Restrictions

[jzh2b9]

What is the name of your state? Ohio

If I am in violation of a land restriction ( e.g. built a storage shed too close to a boundary ) and the neighboring landowner sues me to move it, can I be required to pay their legal fees if I lose the argument?

 

[Zigner]

What is the name of your state? Ohio

If I am in violation of a land restriction ( e.g. built a storage shed too close to a boundary ) and the neighboring landowner sues me to move it, can I be required to pay their legal fees if I lose the argument?

Maybe.

 

[quincy]

What is the name of your state? Ohio

If I am in violation of a land restriction ( e.g. built a storage shed too close to a boundary ) and the neighboring landowner sues me to move it, can I be required to pay their legal fees if I lose the argument?

What argument are you thinking of presenting?

 

[jzh2b9]

None, really. I am planning on getting rid of the shed as soon as the weather improves anyway. However, if the new land owner next to me were to make a legal issue out of it before I get to removing the shed, I'm curious if I could be made to pay their legal fees or, as I read in most cases, each party is responsible for their own legal fees ( win or lose ).

 

[quincy]

None, really. I am planning on getting rid of the shed as soon as the weather improves anyway. However, if the new land owner next to me were to make a legal issue out of it before I get to removing the shed, I'm curious if I could be made to pay their legal fees or, as I read in most cases, each party is responsible for their own legal fees ( win or lose ).

Litigants generally are responsible for paying their own legal fees. Whether the landowner could make some sort of a legitimate case for attorney fees in your described situation is a question mark. Are you in an HOA?

 

[Zigner]

None, really. I am planning on getting rid of the shed as soon as the weather improves anyway. However, if the new land owner next to me were to make a legal issue out of it before I get to removing the shed, I'm curious if I could be made to pay their legal fees or, as I read in most cases, each party is responsible for their own legal fees ( win or lose ).

Do you have reason to believe the neighbor may take legal action? Have you communicated with your neighbor to let them know you will be removing the shed as soon as the weather allows?

I suspect that your aren't on the best terms with your neighbor.

 

[jzh2b9]

Do you have reason to believe the neighbor may take legal action? Have you communicated with your neighbor to let them know you will be removing the shed as soon as the weather allows?

I suspect that your aren't on the best terms with your neighbor.

No, I have not yet communicated with the neighbor. Their lot is still vacant, but as survey stakes are now present on the land, I suspect they will be taking a closer look at the property boundaries and restrictions. As a result they may notice the shed on my property adjacent to them. While, I would expect they might ask me to remedy it, there is always the possibility that they just go legal without contacting me first. So, I am only inquiring because, while I am planning on removing the shed, I was not planning on doing that until the snow melts, and I wonder if I expose myself to risk by not doing it now.

 

[quincy]

No, I have not yet communicated with the neighbor. Their lot is still vacant, but as survey stakes are now present on the land, I suspect they will be taking a closer look at the property boundaries and restrictions. As a result they may notice the shed on my property adjacent to them. While, I would expect they might ask me to remedy it, there is always the possibility that they just go legal without contacting me first. So, I am only inquiring because, while I am planning on removing the shed, I was not planning on doing that until the snow melts, and I wonder if I expose myself to risk by not doing it now.

It would not be common for someone to jump immediately to a lawsuit before trying to seek an out-of-court resolution first.

Before you hear anything from your new neighbor, you might want to take some time to review the “covenants, conditions and restrictions” that govern your property, to see how most landowner property disputes are handled.

 

[jzh2b9]

It would not be common for someone to jump immediately to a lawsuit before trying to seek an out-of-court resolution first.

Before you hear anything from your new neighbor, you might want to take some time to review the “covenants, conditions and restrictions” that govern your property, to see how most landowner property disputes are handled.

The document states under the enforcement section " Enforcement shall be by proceedings at law or in equity, either to restrain violation or to recover damages, against any person violating or attempting to violate any covenant"

 

[jzh2b9]

Litigants generally are responsible for paying their own legal fees. Whether the landowner could make some sort of a legitimate case for attorney fees in your described situation is a question mark. Are you in an HOA?

No, not an HOA. However, an instrument was recorded for the larger tract of land ( ~50 acres ) several decades ago and then the land was divided into 5 acre parcels. Strangely, the deed for the parcels does not reference the instrument. The deeds do state that they are part of the tract. Only if you search the transfer history of the original tract can you identify the owners and if you search records on the owners, you can find the instrument that declares the restrictions on the land. The instrument applies to all future landowners and renews itself every 10 years unless a majority of the landowners get together and take legal action to alter or remove it.

 

[Zigner]

I think your concerns are, at best, premature. IF the neighbor complains, make sure to let them know that you plan to remove it. Then, when the snow melts, remove the shed.

 

[quincy]

The document states under the enforcement section " Enforcement shall be by proceedings at law or in equity, either to restrain violation or to recover damages, against any person violating or attempting to violate any covenant"

It sounds as if the most that would happen is that you would be required to move or remove the shed, which you intend to do eventually anyway.

I agree with Zigner that, while you recognize that your shed is too close to the boundary line, the move/removal of the shed is probably not something that requires your immediate attention or concern.

 

[jzh2b9]

Cool! Thanks to both of you for your advice!

 

[quincy]

Cool! Thanks to both of you for your advice!

You’re welcome, jzh2b9. Both Zigner and I appreciate the thanks.

 

[FarmerJ]

do you live in a actual city or is this a rural township ( since you didnt mention it ) Is there is a ordinance addressing set backs from a lot line ?