Dworken & Bernstein’s Boundary Line Disputes group represents clients who have issues involving not only property line disputes, but also fence and tree disputes.

In this regard, property disputes regularly involve the property owner as well as neighbors, trespassers, property visitors, tenants, and even government agencies. These types of cases are quite common and they encompass the large majority of lawsuits filed every year. Property line disputes are a common type of property dispute, but this is not the only type. Some other common types of property disputes include:

  • Tree damage disputes – If someone’s tree damages your house or other real property, you may have the right to seek damages;
  • Fence disputes – If you feel a fence is set up in spite, such as to block your view, or not on the proper property line, you may be able to file a claim;

Land disputes can happen between landlords and tenants, a homeowners’ association, government agencies, property visitors, or trespassers. If a difference cannot be easily rectified or avoided, you need to know how to act. Normally, property and boundary lines are defined by a county’s tax map to determine ownership of different parcels of land. Often, these lines are physical landmarks like a creek or road.  Other times, the lines are arbitrarily drawn through an open space. For this reason, it can be challenging to determine exactly where a property line begins or ends, especially if the landscape has changed over the years. Further, when a neighbor or other entity is claiming real estate beyond their boundary lines, or claim that you are doing the same, a property line dispute can emerge. 

Another situation which can lead to litigation involves trees that grow onto the property of another.  In this regard, Ohio has statutory schemes to address all of these situations.  One of growing import is ORC 901.51 which provides “no person, without privilege to do so, shall recklessly cut down, destroy, girdle, or otherwise injure a vine, bush, shrub, sapling, tree, or crop standing or growing on the land of another or upon public land.”  If one is found to have violated this statute, it may subject the wrongdoer to treble damages for the damage caused.   Accordingly, you need a lawyer well-versed in this area of law to ensure compliance. 

Contact Dworken & Bernstein’s Boundary Line Dispute practice group today for more information on how our attorneys can help with all aspects of property lines and the issues that arise over the same. 

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