Legal Question in Real Estate Law in Ohio

Who is responsible for maintaining the right of way or easement along roadways in Trumbull county Ohio? Unincorporated outside of city limits.

There is a storm drain pipe that runs through my front yard along the length of the road that catches water from the road. The pipe looks like it goes through all the neighbors' yards as well before ultimately dumping into the creek. This pipe seems to have ruptured from old age in a recent down poor of rain and has created a sinkhole right in front of my house. It is in the right of way or easement but the Ohio DOT says it's my pipe, my problem. In the last few weeks it's grown from 5 feet to about 10 feet and counting with every rain. Every contractor I've called out says they can't fix it because it's the state's pipe. I'm at my wits end. Thank You.


Asked on 7/08/15, 9:43 pm

1 Answer from Attorneys
J. Norman Stark J. Norman Stark , Attorney, Architect

Dear Concrened Hoemowner: You and each of your neighbors, who share the problem with the drainage pipe along the fron of your properties, have a right to bring a class action against the County, and the State of Ohio for the repair and replacement of the damaged drain as well as any damage caused to your respective

properties. Since the location is in an unicirporated area, the State and county have the responsibility for the drainage pipe. If your demand top the County Commissioners fails, proceed..

Consult an experienced real estate Attorney for advice and proceed..

Good luck!

Sincerely,

J. Norman Stark

�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�

J. NORMAN STARK, ATTORNEY*

ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.

1109 Carnegie Avenue Cleveland, Ohio 44115

(216) 531-5310 x7100 Email: [email protected]

*Author: The Construction Claims Investigation Worklist�

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Answered on 7/09/15, 10:56 am


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