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James Thomas Dixon

James Dixon’s Answers

205 total


  • How can the State operate outside of the easement? Would this be a "TAKING" ? Were my constitutional rights violate?

    I own a farm in Pickaway County. Scioto Township has install a culvert approx 3' outside the easement. I have ask the township to remove the culvert yet they stand on the zoning regs. The regs. states the culvert has to be set back 14' from the ...

    James’s Answer

    This could involve a violation of the easement, s taking, a trespass, and/or a nuisance. The preceding comments are accurate. If you cannot easily find a real estate attorney in your area, email me and I will help you do that. You can try the county bar association as well.

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  • Is it possible to take the house out of the trust and put in my and my sisters names?

    When my father passed away he put his house in a trust. We are interested in refinancing the house, but can't do it since it's in the trust.

    James’s Answer

    Either a real estate attorney or an estate planning attorney can help with this. The Akron Bar Association can provide referrals.

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  • Changes to original contract after it was signed

    After signing contract figures were added that don't match my carbon copy

    James’s Answer

    Assuming this is a construction contract, you should contact a local construction attorney who is familiar with Ohio's related consumer protection measures. Contact your local Bar Association.

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  • We need help with getting insurance money from a general contractor for substandard/dangerous work.

    we have a major home remodeling project. A general contractor that is listed on Angie's List as lisenced/bonded and insured was hired. We asked him not to "finish" the project due to continue substandard work. He did not pull permits. We have had ...

    James’s Answer

    More information is needed, though it sounds like your claims would not trigger insurance coverage. Did the substandard work result in damage to other parts of the house? If not you may still have valid claims against the contractor though you would not be able to expect the carrier to pay the bill.

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  • I had a house built and the basement leaks. The contract calls for arbitration. We went to the arbitration and got a decision.

    The arbitrator said that he was not convinced that the basement leak was caused by something the builder did wrong & it could have been caused by the Home owner lack of maintaining a positive grade around the house. The arbitrator decided the drai...

    James’s Answer

    This is an unusual situation. Arbitrators have wide discretion but more information is needed.

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  • Do government/stage organizations have to solicit proposals for large projects?

    A state park hired a firm for a project without seeking proposals or posting it on their website under their RFP section. There are only 4 businesses, including mine, that do this type of work in our area and I don't understand why no one else was...

    James’s Answer

    There is no way to know for sure without knowing more information, such as the identity of the public agency and amount of the contract. In some instances, there is a threshold dollar amount, beneath which the public agency does not have to seek proposals.

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  • I had work done on my house for basement waterproofing and it still leaks and the company won't do anything. What can I do.

    The company installed an interior drainage system and sump pump and the last heavy rain we had water leaking in from the bottom of walls. The same spots leaking in as is why we got the waterproofing. Now the company is ignoring all of our phone ca...

    James’s Answer

    You may have warranty rights, other contract claims, and claims under consumer protection statutes, but none of that can be assessed without a review of the paperwork and a discussion of the circumstances. Feel free to contact me.

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  • Can a distributor void a signed contract, and place new restrictions on a seller, effectively shutting down the seller?

    Last year I purchased a line product from the new US distributor of an Italian-based company. At that time I signed an agreement with no prohibitions on selling online. Yesterday, the US distributor informed me that, unless I had a brick-and-morta...

    James’s Answer

    Your question raises both legal and practical issues. A review of the contract will be needed to address the legal issues, certainly, and a review of all the circumstances will be needed to address both. It may be that contractually they cannot do what they're doing, but practically there may not be much you can do about it. You should review the matter with counsel.

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  • What is my recourse if a General Contractor is not fulfilling their contract and now wants to quit?

    We bought 2br/1ba house on 1.2 acres for $34k. We hired a general contractor to complete rehab the house (interior and exterior) in early October 2014 to turn it into a 3br/2b for an additional $70k+ It's now the middle of May 2015. Their compa...

    James’s Answer

    A review of your contract and other project records will be needed to understand all of the details. Typically a letter is sent explaining what must be done to complete and correct the work to avoid a default declaration, and if it is not done then the default is confirmed, you hire someone else to finish, and you consider whether to chase the defaulting contractor to recover damages.

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  • I had a construction company tear out a 200'x50' section of my land and lay down a high pressure pipe through it without asking.

    I already had a surveyor come in and confirm that they DID go through my property and confirmed that there are NO easements. What do I do now? I was planning on building right where they went through, now I can't because its a high pressure pipe. ...

    James’s Answer

    Mr. Mullen is correct. More information is needed and you must move quickly. In the end, you may issue a letter to your neighbor informing it of the trespass and demanding removal.

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