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Any Lawyers on here. #7146653
01/20/21 04:54 PM
01/20/21 04:54 PM
Joined: Jan 2019
Posts: 251
Southern Ohio
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Ohiowoodchuck Offline OP
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I got a question about a old right of way that is attached to my land.


“If there must be trouble, let it be in my day, that my child may have peace.”
— Thomas Paine
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146657
01/20/21 04:58 PM
01/20/21 04:58 PM
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A paralegal might also be able to answer your question.




Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146675
01/20/21 05:10 PM
01/20/21 05:10 PM
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Nevadafornia
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Questions about real property, and particularly easements and rights of way, are pretty much all dictated by specific state law, so you need an Ohio lawyer. Anyone outside your state, if they were foolish enough to offer advice, is really just guessing.


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Re: Any Lawyers on here. [Re: white dog] #7146680
01/20/21 05:12 PM
01/20/21 05:12 PM
Joined: Dec 2014
Posts: 1,190
Tug Hill, NY
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Originally Posted by white dog

A paralegal might also be able to answer your question.


I disagree, right of way issues can be quite complicated. You’ll need a lawyer that specializes in these matters. I know because I had to take my neighbor to court to settle a ROW issue. My deed stated I had a ROW, his didn’t, so he said my ROW was phony. He lost in court.

Re: Any Lawyers on here. [Re: Lazarus] #7146681
01/20/21 05:13 PM
01/20/21 05:13 PM
Joined: Oct 2011
Posts: 1,467
Western Shore Delaware
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Originally Posted by Lazarus
Questions about real property, and particularly easements and rights of way, are pretty much all dictated by specific state law, so you need an Ohio lawyer. Anyone outside your state, if they were foolish enough to offer advice, is really just guessing.


This ^^^^ . . . ps, and county, and local easement zoning laws.

Last edited by SJA; 01/20/21 05:15 PM.

"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146686
01/20/21 05:19 PM
01/20/21 05:19 PM
Joined: Jan 2019
Posts: 251
Southern Ohio
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If you had a power line that runs thru your property and when the agreement was signed in the 50’s. It never gave a specific footage therefore the right of way would be to furthest point on each pole straight down. It also says they will pay for all trees and even calls out the specific log rule. Since this is forever they would still have to adhere to the same rules right. It also says they pay the landowner 25.00 per pole.


“If there must be trouble, let it be in my day, that my child may have peace.”
— Thomas Paine
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146704
01/20/21 05:32 PM
01/20/21 05:32 PM
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Nevadafornia
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I can give you a very definite "maybe" on all those questions.


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Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146708
01/20/21 05:34 PM
01/20/21 05:34 PM
Joined: Oct 2011
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Western Shore Delaware
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If you have the original agreement / contract, take it to an attorney. Sometimes, "The devils in the details".


"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146717
01/20/21 05:39 PM
01/20/21 05:39 PM
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Who do you think does much of the research for the attorneys who specialize in real property law? Either way it's free advice and as such is similar in value.




Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146719
01/20/21 05:43 PM
01/20/21 05:43 PM
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Southern Ohio
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I went to an attorney. I was wondering if anybody else has similar experience.


“If there must be trouble, let it be in my day, that my child may have peace.”
— Thomas Paine
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146732
01/20/21 05:51 PM
01/20/21 05:51 PM
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Eastern Shore of Maryland
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It can be an expensive venture unless you get creative.


-Goofy-
Re: Any Lawyers on here. [Re: white dog] #7146735
01/20/21 05:54 PM
01/20/21 05:54 PM
Joined: Oct 2011
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Western Shore Delaware
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Originally Posted by white dog
Who do you think does much of the research for the attorneys who specialize in real property law? Either way it's free advice and as such is similar in value.


Paralegals are not permitted by law to give advice in any State I'm aware of. They are not members of the Legal Bar.

Last edited by SJA; 01/20/21 05:54 PM.

"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146742
01/20/21 05:59 PM
01/20/21 05:59 PM
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Not even free advice? How about if someone is a friend? Are you going to turn them in?




Re: Any Lawyers on here. [Re: white dog] #7146750
01/20/21 06:01 PM
01/20/21 06:01 PM
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Nevadafornia
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Originally Posted by white dog
Not even free advice? How about if someone is a friend? Are you going to turn them in?


Under the ethical rules of most state's Bars, if an attorney is aware of an ethical violation and fails to report it, that failure to report is a violation.


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Re: Any Lawyers on here. [Re: Lazarus] #7146755
01/20/21 06:07 PM
01/20/21 06:07 PM
Joined: Oct 2011
Posts: 1,467
Western Shore Delaware
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Originally Posted by white dog
Not even free advice? How about if someone is a friend? Are you going to turn them in?


That's a dumb question. Why would you turn them in? Friends give friends OPINIONS all the time. No law against that.
Originally Posted by Lazarus
Originally Posted by white dog
Not even free advice? How about if someone is a friend? Are you going to turn them in?


Under the ethical rules of most state's Bars, if an attorney is aware of an ethical violation and fails to report it, that failure to report is a violation.


Correct.

Last edited by SJA; 01/20/21 06:08 PM.

"Humans are the hardest people to get along with."
Dr. Phillip Snow
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146758
01/20/21 06:10 PM
01/20/21 06:10 PM
Joined: Jan 2019
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Southern Ohio
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Ok to keep from going down a rabbit hole and a fight. Does anybody else have a power line run thru there property and the right of way agreement specify a footage.


“If there must be trouble, let it be in my day, that my child may have peace.”
— Thomas Paine
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146766
01/20/21 06:14 PM
01/20/21 06:14 PM
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KY.usa
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You say you went to an attorney what did they say?

Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146772
01/20/21 06:19 PM
01/20/21 06:19 PM
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No fight here. I'm smiling.




Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146775
01/20/21 06:21 PM
01/20/21 06:21 PM
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Posts: 251
Southern Ohio
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Hey said the right of way is from the furthest point on each cross bar. So if it’s 10 ft wide then that’s the right of way. Even though they cut it 60 ft wide.


“If there must be trouble, let it be in my day, that my child may have peace.”
— Thomas Paine
Re: Any Lawyers on here. [Re: Ohiowoodchuck] #7146790
01/20/21 06:33 PM
01/20/21 06:33 PM
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Most utility companies have a right of way department. Maybe you should consider ontacting them. It's free.




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