Lynchburg Construction Lawyer, Ohio, page 2

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Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

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Litigation, Construction, Corporate, Commercial Real Estate
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Free Help: Use This Form or Call 800-814-6700

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LEGAL TERMS

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

ENCROACHMENT

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)
The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.

WORDS OF PROCREATION

Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person r... (more...)
Language used to leave property to a person and his or her descendants, which typically take the form 'to A, and the heirs of his body,' where A is the person receiving the property.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)
A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

SETBACK

The distance between a property boundary and a building. A minimum setback is usually required by law.

SUBSTITUTED SERVICE

A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the h... (more...)
A method for the formal delivery of court papers that takes the place of personal service. Personal service means that the papers are placed directly into the hands of the person to be served. Substituted service, on the other hand, may be accomplished by leaving the documents with a designated agent, with another adult in the recipient's home, with the recipient's manager at work or by posting a notice in a prominent place and then using certified mail to send copies of the documents to the recipient.

FAILURE OF CONSIDERATION

The refusal or inability of a contracting party to perform its side of a bargain.

MECHANIC'S LIEN

A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Ty... (more...)
A legal claim placed on real estate by someone who is owed money for labor, services or supplies contributed to the property for the purpose of improving it. Typical lien claimants are general contractors, subcontractors and suppliers of building materials. A mechanics' lien claimant can sue to have the real estate sold at auction and recover the debt from the proceeds. Because property with a lien on it cannot be easily sold until the lien is satisfied (paid off), owners have a great incentive to pay their bills.

DEED IN LIEU (OF FORECLOSURE)

A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept... (more...)
A means of escaping an overly burdenome mortgage. If a homeowner can't make the mortgage payments and can't find a buyer for the house, many lenders will accept ownership of the property in place of the money owed on the mortgage. Even if the lender won't agree to accept the property, the homeowner can prepare a quitclaim deed that unilaterally transfers the homeowner's property rights to the lender.

SAMPLE LEGAL CASES

NORTHWESTERN OHIO BUILDING & CONSTRUCTION TRADES COUNCIL v. OTTAWA COUNTY IMPROVEMENT CORPORATION

{¶ 1} We are asked to determine whether the mere expenditure of public funds by an institution, defined as a public authority in RC 4115.03(A), triggers the prevailing-wage requirement set forth in RC 4115.03 et seq. We hold that the wage requirement is triggered only when ...

STATE EX REL. COLUMBUS S. v. Fais

... {¶ 3} "The Company shall not be required to construct general distribution lines underground unless the cost of such special construction for general distribution lines and/or the cost of any change of existing overhead general distribution lines to underground which is required ...

Creech v. Brock & Assoc. Constr.

... CREECH et al., Appellants, v. BROCK & ASSOCIATES CONSTRUCTION, INC. et al., Defendants-Appellees. No. CA2008-12-024. ... Freund, Freeze & Arnold and Gordon D. Arnold, for appellee Brock & Associates Construction, Inc. Jonathan C. Turner, for appellee John R. Clark. ...

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