PROPERTY LITIGATION

In General >

Adverse Possession >

Border Disputes >

Condominium Law >

Construction Law >

Landlord/Tenant >

Premises Liability >

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In General

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For most of us, our home is our largest asset and the biggest financial purchase we make in our lifetimes.  Thus, when things go awry with our property, the stress increases to an incredible degree.

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Property litigation involves disputes regarding the use of land.  Sometimes it is the government telling you what you can and cannot do with your land (zoning), while other times you are the person trying to prohibit a neighboring property owner from engaging in certain behavior with their property.

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Read more below regarding the following areas of property litigation that Attorney Adam V. Buente handles on a regular basis.

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Adverse Possession

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Adverse possession is a common law doctrine that allows a "hostile" property owner to acquire title over land that once belonged to another person, but has not been used for a certain period of time.  In order to acquire title to property via adverse possession, one must demonstrate that her possession of the real estate was:

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• Open;

• Notorious;

• Exclusive;

• Adverse;

• Hostile; and

• Continuous for a period of 21 years.  

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Determination of these issues as applied to your specific case often involves examination of case law and applicable precedent.  Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss prosecuting or defending your adverse possession matter.

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Border Disputes

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Border disputes, or disputes with neighbors, are an unfortunately frequent problem when it comes to property ownership.  Often time these situations arise when a party:

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• Commences a construction project that eventually crosses over to her neighbor's land;

• Interferes with a neighbor's use of her property;

• Persistently trespasses onto the neighbor's property;

• Possesses a good faith mistake regarding the location of the boundary line; or

• Causes a nuisance to the other property owner.

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Resolution of these disputes involves both practical and legal considerations -- after all, you likely do not want to permanently damage your relationship with your neighbor.  Contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss your border dispute matter further.

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Condominium Law

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Condominiums and homeowners' associations are governed by both statute and the association's documents, meaning that resolution of these issues often involves research into both state law and the association's declarations and bylaws.

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Specifically, Ohio Revised Code Chapter 5311 governs condominiums and their associations.  This chapter sets the baseline for condominium associations, how they are formed, how they are run, and how disputes should be resolved.

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The condominium documents, most notably the declarations and bylaws, then set forth the specific standards and procedures of the association.  These often require strict compliance, which can create friction between the unit owners and the association.

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Whether you are an association facing an issue with a unit owner, or vice versa, contact Attorney Adam V. Buente at adam@buentelaw.com or (330) 754-4028 to discuss your condominium matter further.

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Construction Law

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Construction law is often high stakes due to the sheer amount of money at stake, the personal and emotional investment of the property owners, and the number of parties involved.  Attorney Buente's construction law practice involves:

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• Contract negotiations and review;

• Dispute resolution (including arbitration);

• Bid disputes;

• Resolution of mechanics' liens;

• Mediation;

• Construction defects;

• Litigation;

• Insurance counseling and claims

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Whether you are a property owner or builder, contact Attorney Adam V. Buente at (330) 726-5518 or adam@buentelaw.com to discuss resolving your construction law issue.

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Landlord/Tenant

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Rental properties are seemingly a great source of passive income; that is, until the tenant stops paying and you are left with a liability that is not generating any revenue.

 

If the tenant has breached her lease, you must serve a three-day notice before commencing what Ohio calls a "forcible entry and detainer" action (i.e., an eviction).  The landlord must comply with this three-day notice requirement and tape it to the tenant's door.  Furthermore, if the property is owned by an LLC or corporation, Ohio law requires the company to be represented by counsel at any hearing.

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The eviction proceedings are then divided into two phases.  The "first cause" hearing is for the court to determine whether the lease was breached and, if so, to issue an eviction order.  The "second cause" hearing, which is optional, is to determine the amount of damages suffered by the landlord.

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Contact Attorney Adam V. Buente at (330) 754-4028 or adam@buentelaw.com to discuss resolving your landlord/tenant issue.​

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Premises Liability (Slip and Fall)

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Premises liability refers to when an injury occurs on your or someone else's property.  Resolution of premises liability cases often center around several issues:

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• The status of the person injured (was she a trespasser, invitee, or licensee?);

• The ownership of the property and their respective insurance coverage;

• Whether any negligence occured; and

• Whether the injured party caused her own injury.

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Answers to these questions often involve examination of case law and prior precedents established by Ohio's courts.  Contact Attorney Adam V. Buente at (330) 754-4028 or adam@buentelaw.com to discuss resolving your premises liability issue.

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