Butler County, Ohio

Butler County Real Estate Attorneys

An attorney from the purchase contract through the closing table — and through the title problems, boundary disputes and lease fights that come up long after the deed is recorded.

Request a consultation Call 513-424-1660

Where we workButler and Warren Counties

ClosingsIn-house through our affiliated title agency

DeedsFive deed types, plus transfer on death affidavits

Valuation complaintsButler County Board of Revision

Real estate is the largest transaction most people ever sign, and it is usually handled by everyone except a lawyer. That works until it doesn't: an unreleased mortgage from 1998, a driveway that has been on the neighbor's parcel for thirty years, an heir who never signed a deed, a survivorship clause that says something different from what everyone assumed.

Our firm has handled residential and commercial real estate in Butler and Warren Counties for over forty years, and through our affiliated title agency we can take a transaction from contract to recorded deed under one roof.

Residential transactions

Purchase contract review before you sign — inspection and financing contingencies, closing dates, what conveys, and remedies if the other side fails to perform

For sale by owner transactions, where there is no agent drafting the paperwork and no one representing either side

Title examination and clearing defects before they blow up the closing

Deed preparation — general warranty, limited warranty, quitclaim, fiduciary and survivorship deeds, plus transfer on death designation affidavits

Closings, including remote and mail-away closings

Ohio residential property disclosure form issues and post-closing claims for undisclosed defects

Land installment contracts and seller financing

Choosing the right deed

General warranty

The seller promisesClear title all the way back through the chain

Typical useStandard arm's-length sale

Limited warranty

The seller promisesOnly that nothing was done during the seller's ownership

Typical useEstates, trusts, banks, corporate sellers

Quitclaim

The seller promisesNothing — conveys whatever interest exists, if any

Typical useDivorce transfers, adding or removing a family member, curing a defect

Fiduciary

The seller promisesOnly the fiduciary's authority to convey

Typical useExecutors, administrators, guardians and trustees

Survivorship

The seller promisesVaries — adds a right of survivorship between owners

Typical useMarried couples and co-owners planning around probate

Quitclaim deeds are the most misused document in Ohio real estate. They are free-looking and they are permanent. Adding an adult child to a deed to "avoid probate" can create gift tax reporting, expose the property to that child's creditors and divorce, and forfeit a valuable step-up in income tax basis at your death. A transfer on death affidavit usually accomplishes the goal without any of that. Talk to us before you sign one.

From contract to recorded deed

Contract reviewBefore you sign: contingencies, closing dates and what conveys.
Title examinationWe search the record for liens, gaps and other defects.
Clearing titleDefects are fixed before they can derail the closing.
Deed preparationThe right deed for the transaction.
ClosingAt our office, or as a remote or mail-away closing.
RecordingThe deed is recorded and the transaction is complete.

Title problems we resolve

Mortgages and judgment liens that were paid but never released

Gaps in the chain of title, including missing probate transfers

Heirs and ex-spouses who were never divested of their interest

Mechanic's liens and contractor disputes

Legal descriptions that don't match the survey, or that overlap a neighbor

Tax and municipal liens

Quiet title actions where the record cannot be cleaned up any other way

Boundaries, easements and neighbors

Butler County has a lot of older platted subdivisions and a lot of split farm ground, and both produce boundary trouble. We handle fence and encroachment disputes, prescriptive easements and easements by necessity, access to landlocked parcels, shared driveways, drainage and water runoff claims, adverse possession, and enforcement or challenge of subdivision restrictions and HOA covenants. Many of these resolve with a survey, a recorded agreement and a letter. Some require a lawsuit.

Commercial and investment property

Purchase and sale of commercial buildings, multi-family and vacant land
Commercial lease drafting, review and negotiation — CAM charges, options to renew, personal guaranties, assignment and use restrictions
Entity structuring for property ownership, coordinated with business counsel
Zoning, conditional use permits and variances before township trustees, city planning commissions and boards of zoning appeals
Development agreements, lot splits and easement grants
1031 exchange documentation coordination

Landlord and tenant

We represent landlords in lease preparation, security deposit compliance, three-day notices and forcible entry and detainer actions, and we advise tenants facing eviction or disputing habitability and deposit withholding. Ohio eviction procedure is technical and unforgiving — a defective notice restarts the entire process, and a landlord who takes self-help measures can face damages far exceeding the unpaid rent.

Property tax and valuation

If your Butler County Auditor valuation is out of line with what the property would actually sell for, a complaint to the Board of Revision can lower it. There is a filing window each year, and the evidence that persuades a board is specific: a recent arm's length sale, a current appraisal, comparable sales and documented condition problems.

Frequently asked

Real Estate questions

Do I need a real estate attorney to buy a house in Ohio?

Ohio does not require one for a routine residential closing. An attorney earns their fee when something is not routine: a for-sale-by-owner deal, an estate or divorce sale, seller financing, a title defect, an easement or boundary question, a property with an addition built without permits, or a contract you are being asked to sign quickly.

What is the difference between owner's and lender's title insurance?

The lender's policy protects the bank's interest in the property up to the loan balance and is almost always required. It protects you not at all. An owner's policy protects your equity against title defects that existed before you bought, is a one-time premium, and lasts as long as you own the property.

What is a transfer on death affidavit?

An Ohio instrument recorded during your lifetime that names who receives your real estate when you die. You keep full ownership and control — you can sell, mortgage or revoke it at any time — and at death the property passes to the named beneficiaries without probate. It is usually a far better tool than adding a child to the deed.

How do I remove a deceased spouse's name from the deed?

It depends on how title was held. If the deed created a survivorship tenancy, an affidavit and certified death certificate recorded with the Butler County Recorder is often enough. If the property was in the deceased spouse's sole name or held as tenants in common, a probate transfer is generally required. Bring us the deed and we will tell you which applies.

What are closing costs in Butler County?

They typically include the county conveyance fee and transfer fee, recording fees, title examination and title insurance premiums, prorated real estate taxes, and lender charges. Ohio property taxes are paid in arrears, which surprises buyers and sellers alike at the settlement table.

My neighbor's fence is on my property. What can I do?

Start with a current survey. Depending on how long the encroachment has existed and how it arose, the answer may be a boundary line agreement, a recorded easement, removal, or a quiet title or ejectment action. Doing nothing for long enough is the one option that can actually cost you the land.

Contact

Tell us what's going on.

Call either office and ask for the attorney who handles your kind of matter. If it is easier to write it down, use the form and we will call you back.

Middletown Office

1501 S. Breiel Blvd.
Middletown, Ohio 45044

513-422-5419 · 513-424-1660
Fax 513-424-7467

Get directions

Monroe Office

101 E. Elm Street
Monroe, Ohio 45050

513-422-5419 · 513-424-1660