Consumer Legal Archives - Northwest Law

Buying a house in Ohio or Kentucky? Here’s when to bring in a real estate attorney.

Real estate transactions can look very different depending on where you are in the country. Different states – and even different regions within those states – have unique rules, customs, and expectations when it comes to buying or selling real estate.

For example, in some parts of the U.S., it’s common for homebuyers to be represented by their own real estate attorney throughout the process. In Ohio and Kentucky, however, that’s not typically the norm – especially for residential transactions. Many buyers and sellers rely on their real estate agents and title companies to guide them through the process, and legal counsel is often seen as optional.

In many cases, hiring an experienced real estate attorney can offer critical protection, guidance, and peace of mind.

When Is Hiring a Lawyer a Smart Move?

Buying Commercial Property, Development Land, or High-Value Real Estate ($500,000+)

If you’re buying commercial real estate, land for development, or property with a purchase price above $500,000, it’s standard practice to work with a real estate attorney. An attorney can assist with contract negotiation, title examination, due diligence, and lending documentation.

These transactions are often more complex, and legal guidance can help avoid costly mistakes.

Residential Real Estate in Ohio or Kentucky: Do You Need an Attorney?

In Ohio and Kentucky, it’s less common for lawyers to be involved in residential transactions. Buyers often rely on their agents and title companies. But based on nearly 20 years of practicing real estate law, we’ve seen firsthand how going without legal representation can end up costing buyers—and their agents—dearly.

While it’s not standard practice in these states, here are situations where hiring a lawyer is strongly recommended:

Splitting or creating new parcels of real estate
Converting a mobile home to permanent real estate
Buying land with plans to build or develop
Purchasing land for business use or future subdivision
When the buyer will not occupy the property as a primary residence
When unusual possession rights are involved
When additional property rights (e.g., water rights, dock rights) are at issue

If you’re already under contract, you may still benefit from hiring a real estate lawyer—especially if:

Damage or destruction has occurred since the contract was signed
There’s a dispute about whether a contingency has been met
A title defect is discovered during the title exam process

How Much Does It Cost to Hire a Real Estate Attorney?

Fees vary depending on the lawyer’s experience, location, and scope of representation. At Northwest Law, we offer different service tiers—from basic contract review to full representation, including custom contract drafting and attendance at closing.

Every transaction is different. Discussing your goals and needs with a real estate attorney is the best way to determine what level of support is right for you.

Why Should a Buyer Hire an Attorney?

It’s common for buyers in Ohio and Kentucky to rely on their real estate agent for guidance. While agents are experts in their field, they are not licensed to offer legal advice.

Real estate attorneys are trained to interpret legal documents, such as contracts and title commitments, and to protect your legal rights throughout the process. If a dispute arises or a problem is discovered during due diligence, a lawyer is best equipped to advocate for you.

Can I Hire a Lawyer After I’m Already Under Contract?

Yes—but ideally, you should consult with a lawyer before making an offer. If you haven’t yet, you can include a 7-day attorney review clause in your contract to allow time for legal review after acceptance.

Amending a contract after it’s been signed can be difficult, and sometimes impossible. Getting legal advice before you sign is often the best—and most cost-effective—choice.

It might feel like hiring a lawyer is just another expense in an already costly process. But when you’re investing hundreds of thousands of dollars into a property, protecting your investment with legal counsel is not just smart—it’s often essential.

Time Considerations for Real Estate Transactions

If you’re searching for a property and you don’t have real estate counsel, that’s ok. Be sure to write a 7-day review period into your offer letters, and then when you go into contract, reach out to an attorney right away.

Secure your Future with Northwest Law

For buyers and sellers alike, hiring an attorney to help you through your real estate transaction can help you avoid running into issues that could become very costly down the road. Why risk so much when you’re investing hundreds of thousands of dollars into something you’ll own for years to come? Reach out today to talk to our team and learn more about how much we can do for you.

Get Answers

🚨 DISCLAIMER: The blog published by Northwest Law is available for informational purposes only and is not considered legal advice on any subject matter. By viewing blog posts, the reader understands there is no attorney-client relationship between the reader and the blog publisher. The blog should not be used as a substitute for legal advice from a licensed professional attorney, and readers are urged to consult their own legal counsel on any specific legal questions concerning a specific situation.

At NW Law, we frequently hear from clients who think they need a deed to address an issue related to their real estate, estate planning, or probate administration. While a deed might seem like the solution to their problem, our experience often reveals a more complex situation. The law surrounding property, ownership, and inheritance can be intricate, and it’s not always clear what’s needed right away. That’s where our expertise comes in—our team is here to listen to your unique circumstances and provide a tailored solution that goes beyond just signing a deed.

What is a Deed?

A deed is a legal document that transfers ownership of real property from one party to another. It’s a vital part of the real estate process, but in many situations, clients aren’t just seeking a simple transfer of property title. They may need additional legal protections, updates, or planning that a deed alone can’t address.

Common Scenarios That Go Beyond a Deed

While a deed can be a helpful tool for transferring ownership, it’s not always the most complete solution. Here are some common situations where we help clients who initially think they only need a deed:

Adding a Spouse to Property Title After Marriage
Many clients come to us after a recent marriage, looking to add their spouse to the title of their home. While a deed can help in this situation, it’s often important to also update estate planning documents, such as wills or trusts, to ensure that the spouse is properly provided for in the event of a death. A deed alone might not guarantee the transfer of ownership in the way that clients intend.

Removing Someone from Property Title
Whether it’s a divorce, a business partner, or someone who no longer has an interest in the property, clients sometimes need to remove someone from title. This may sound straightforward, but there are often other legal considerations — such as outstanding debts, ownership percentages, or future inheritance plans — that need to be addressed. Our team works closely with clients to make sure these changes are done properly and without unintended consequences.

Planning for Children and Transfer on Death
Clients with young children often reach out to us after the birth of a child, wondering how to ensure that their property passes seamlessly to their heirs. A Transfer on Death (TOD) deed might be an option, but there could be other estate planning steps, such as setting up a trust or updating beneficiary designations, that would provide more security and clarity. We help clients navigate these decisions with an eye toward protecting their family’s future.

Survivorship Questions in the Event of Death
When someone passes away, the question of who inherits property can be complicated, especially if the deceased co-owned the property with others. Survivorship issues come up frequently in joint ownership situations, and a deed might not address all of the legal nuances. Whether it’s joint tenancy, tenancy in common, or a life estate, we ensure that all aspects of ownership and inheritance are clear and legally sound.

A Comprehensive Approach to Your Legal Needs

At NW Law, we take a comprehensive approach to understanding your needs. When you come to us with a question about a deed, we know that it’s often just the starting point. Our experienced team takes the time to listen to your story, assess your broader goals, and recommend a comprehensive solution that addresses both your immediate concerns and long-term plans. This might involve not only drafting or updating a deed, but also revising your will, creating a trust, or addressing other legal issues that arise in the process.

If you’re thinking about a deed or have any real estate, estate planning, or probate questions, we’re here to help. Let us guide you through the complex legal landscape and provide peace of mind, knowing that your interests—and those of your loved ones—are properly protected.

By: Jonathan Holfinger, Esq. | CEO, OLTP, NTP

You’re in contract to purchase a home and everything is going great, until… Out of the blue, you get a phone call or an email from your lender: you need a Shared Driveway Agreement to complete your purchase.

This isn’t uncommon, but it can add confusion or surprise to the process of buying a home.

The good news is, they’re put in place to protect you – to create security and peace of mind.

Here are answers to common questions to help you better understand Shared Driveway Agreements.

What is a Shared Driveway Agreement?

I’m going to put on my lawyer hat here for a minute to explain… What is a Shared Driveway Agreement? Well, it’s a type of easement. But what is an easement? That’s the right to use someone else’s land. A Shared Driveway Agreement is a type of easement that affects multiple property owners.

So, when you have a Shared Driveway Agreement, what it means is that you have a legal document prepared by a lawyer granting mutual rights to neighbors to share a common driveway.

The driveway could be gravel, paved, dirt, or something else, but the right of access to that driveway crosses over a shared boundary line. This may affect two properties, or more. I’ve even seen a case where we drafted a Shared Driveway Agreement for 5 property owners!

Why would property owners need to share access to a driveway?

There’s a general principal in the law that all parcels of real estate must have access to public roadways. Otherwise, legally, it’s considered trespassing across other’s property when you try to get across your property to that public roadway.

A property owner, or someone buying real estate would need shared access to a driveway when their land is located in a position that is otherwise land locked, meaning that property doesn’t have access to a public road.

How can you find out if you need one?

As we’ve covered, a property owner must have legal access to physically get to a public road. You need to have a Shared Driveway Agreement drafted when there is not already an easement recorded but there is physically a driveway that is crossing boundary lines and would cause someone to trespass, by definition of the law.

Typically, your title insurance company will identify a lack of legal access/easement during the title search and call it out on a title insurance commitment. Then, the mortgage lender reviews the title commitment, and will require that the parties have a Shared Driveway Agreement as a loan contingency.

Why would your lender and title company require buyers to obtain a Shared Driveway Agreement?

Well, it’s important to the lender because in securing your loan, they have an obligation to protect the mortgage if they ever have to foreclose and take back the property. So, the lender looks at this situation and says it’s a loan underwriting requirement to have a Shared Driveway Agreement in order to put a mortgage on this property.

The title insurance company wants to insure the title to your property, and to do so, they need to show there’s at least a legal easement in place, to prevent disputes in the future.

What information is covered?

You can have a variety of different terms, but a typically a best practice is to define the location of the access easement and the maintenance provisions.

Ideally, it will define who is going to be paying for what and who is doing what in regard to maintaining the easement. In most situations a shared driveway is paved, but sometimes it’s gravel, or something else. But someone will need to repave it, repair potholes, or replace the gravel from time to time. It’s also important to define who is responsible to clear snow, ice, or other items. In a best-case scenario, every detail would be spelled out.

How can you get a Shared Driveway Agreement?

Typically the process begins when the requirement gets made in order to complete the sale transaction of behalf of the buyer because the buyer and lender both have a reason to need an easement to be drafted. And then the lender specifically wants a shared driveway agreement which governs the maintenance provisions of that.

But who drafts it? Typically, a lawyer as it’s a legal document.

In Ohio and Kentucky the title company typically hires a lawyer on behalf of the parties, so the title company may outsource this to a lawyer. Sometimes title agencies have a law firm that they are associated with, or their owner is a lawyer, so then that law firm or attorney may draft the document on behalf of either the lender who is requesting it or the buyer who needs it in order to be able to buy the property and put a mortgage on it.

In the event you’re purchasing property and find you need an easement like this, it’s a good idea to hire your own attorney to draft it to ensure it protects your interest.

Because if you don’t, the referred lawyer will most likely draft the agreement in a neutral way, instead of drafting it for the interest of the future buyer (you). Sometimes there are additional interests that may come into play, therefore it’s advisable that the buyer needs to have their own counsel.

If you’re searching for a property and you don’t have real estate counsel, that’s ok. Be sure to write in a 7-day review period into your offer letters, and then when you go into contract, reach out to a professional right away.

Often, hiring a lawyer can feel like an unnecessary expense in an already expensive and overwhelming process. But for buyers and sellers alike, the value of hiring an attorney to help you navigate your real estate transaction is to help you avoid running into issues that could become very expensive down the road. And when you’re investing hundreds of thousands of dollars into something you’ll own for potentially decades, it’s wise to be as proactive in protecting yourself as possible.

Want to talk to someone on our team?

Get Answers

What is an Estate Plan?

With the start of the New Year comes new challenges, resolutions, and a time to re-evaluate aspects of your life. Perhaps this new year you plan to work on items you may have put off or ignored. One of those items may be your estate plan. An estate plan is the collection of legal documents that address the management and disposal of an individual’s assets after their passing. Those documents may be a last will and testament, a trust, power of attorney, health care power of attorney, living will, and/or transfer on death affidavit, depending on your state of residence.

A common misconception many of us have heard: I only need an estate plan if I am wealthy, elderly or have children. These misconceptions are why many individuals ignore or set aside estate planning until a later date, which may prove detrimental to your loved ones upon your passing. An estate plan is not only for a select group of people, but rather is for anyone at the age of majority who wishes to pass their assets and ease the burden that family members bear when handling a loved one’s estate. Even if you are young and single with no children, you have assets, and those assets may be subject to probate upon your passing. An individual or family seeking to begin the estate planning process should first contact a qualified estate planning attorney to discuss their needs.

Here we will address some of the most common questions we receive regarding estate planning to shed light on the importance of a properly drafted estate plan that effectively conveys your wishes.

Estate Planning Tools

There are a variety of estate planning tools, however estate planning tools are not one-size fits all, where each document is almost identical for each person. Rather, an estate plan is comprised of a combination of a few or in some cases many estate planning tools. Documents such as a power of attorney, a healthcare power of attorney, and living will may augment an estate plan. In other cases, an estate plan may only consist of a last will and testament and a living trust. What tools are utilized in each plan are specific to the individual circumstances and wishes of the client. Discuss your wishes with an estate planning attorney to develop a custom estate plan tailored to those needs.

Last Will and Testament

Fact or fiction: Does having a will avoid probate of my assets? We often hear this common question and too often we hear the falsity that a will avoids probate, when in fact, a will is not even designed to avoid probate. Rather, a will is a legal document that details how an individual desires their property be distributed after death through the probate process. While this tool is not designed to avoid probate, when drafted properly, a will can be a helpful tool to augment your estate plan. And understanding what is a will is a vital step towards having a comprehensive estate plan.

You may then find yourself asking: can I draft my own will? While there is no legal requirement that an attorney must draft your will, by drafting your own will, you run the risk of costly errors that affect how your assets are distributed to family and friends upon your passing. Therefore, it is always recommended to seek the advice of an estate planning attorney to have your will drafted. Naming beneficiaries is an important aspect of a last will and testament along with naming an executor of your estate. An executor is to be a trusted individual who carries out the terms of the will. In many cases, individuals will name a close family member as executor or co-executors, such as a spouse, parent, or child 18 years or older. If an executor is not properly named, the designation of an executor will be determined by the probate court, which may not always align with who you would choose.

In addition to having a properly drafted will, you cannot overlook the importance of a properly executed will. In the state of Ohio, a will must be witnessed by two disinterested witnesses. If this requirement is not met, the will is not valid. That begs another important question: who are disinterested witnesses? These are individuals that have no bearing or interest on the designations you made in your drafted will. Family members are usually interested parties and not appropriate to serve as witnesses. Ideally seek an outside party such as bankers at your local branch, nurses at the hospital if you are signing a will there, or office staff, to name a few options. And once you sign your will and it is properly witnessed, it is effective indefinitely, unless you revoke the will or make changes, known as codicils, prior to your passing.

There’s Usually More to An Estate Plan than a Will

While the will is an important estate planning tool, it certainly is not the only tool. Most estate plans utilize a combination of tools to create beneficiary designations. Further, estate planning tools are not all designed to determine after death distributions, but tools such as a living will, power of attorney, and living trust are utilized during the life of the grantor.

You’ve likely heard of a living will, if you’ve ever had a hospital visit, you’ll know the hospital almost always asks if you have a living will. That document is very important to health care workers, as it is a legal document that outlines terminally ill and end-of life healthcare wishes. Preparing a living will helps your loved ones by alleviating the burden to make critical decisions for you when you are no longer able. Powers of attorney are other legal documents effective during your lifetime that allow you to appoint an agent to make decisions on your behalf for items such as healthcare and financial items, if you lack the capacity or are unavailable to do so.

Now what about a trust? We often receive these questions: do I really need a trust? And if so, what type of trust? A trust is a versatile estate planning tool that comes in many forms and can be revocable or irrevocable. This tool can be utilized to ensure assets in the trust are distributed according to the grantor’s wishes and even provide protection for those assets. Determining whether a trust would be a useful tool to augment your estate plan is to be discussed with an estate planning attorney, as that answer varies based on individual goals, circumstances, and assets. And when properly drafted, a trust can often avoid probate.

Reviewing Your Estate Plan

Once you have an estate plan, don’t simply put away your documents and never look at them again. Updating an estate plan can be just as important as the act of making an estate plan. Circumstances change throughout life, and changes often call for an estate plan update. Events such as the birth of a child, a child reaching the age of majority, divorce, or death of a loved one are a few examples that would usually warrant immediate changes to an estate plan. In general, reviewing an estate plan every five years or so will give you the chance to go over your wishes and see if anything needs updated.

Updates to an estate plan are often a small change such as an amendment to a living trust, but can also be very consequential, such as revoking a will and having a new one drafted. Reviewing your estate plan with an estate planning attorney is a critical step of the estate planning process that may be overlooked. If this step is ignored, the beneficiary designations in place upon your passing may not accurately reflect your wishes. For example, if you are married at the time your estate plan is crafted and you express in your documents you wish to leave all property to your spouse, and you later divorce but do not update your estate plan, your property may be distributed to an ex-spouse even if that was not your intention.

Final Thoughts

Now what if I understand the importance of an estate plan but don’t know where to begin? If you think estate planning is a daunting task, do not fear, with proper direction, it can be accomplished with minimal stress compared to the potential stress created if you do not have an estate plan. Contacting a qualified estate planning attorney is the first step. When you schedule a meeting with an estate planning attorney, it is important to prepare. Consider your final wishes, account for your assets, make a list of questions, and gather important financial and legal documents to share with your lawyer during the meeting. And once you have the estate plan in place, you can check off one item on your list of resolutions for the New Year.

Category: Consumer Legal

When Should You Hire a Lawyer When Buying Real Property?