A Practical Ohio Tool for Moving the Property Line

Happy 711 Day!

A Practical Ohio Tool for Moving the Property Line

Every July 11, many people are thinking about convenience-store slushies. (Deservedly so… They’re delicious).  But a everyone clearly thinking about one thing: Ohio Revised Code Chapter 711.

Okay. Maybe that is just those of us in the title and real estate world.

But for Ohio property owners, a “711 transfer” can be incredibly useful.

The term ‘711 transfer’ is an industry term of art for adjusting boundary lines without creating additional building sites.

Ohio’s township platting laws, found in R.C. Chapter 711, help determine when land can be transferred or reconfigured. One of the most practical tools under this chapter is the ability for adjoining property owners to move land between themselves without creating a full-blown subdivision. In plain English, 711 transfers can help neighbors add, subtract, or trade pieces of land between adjoining properties.

What Does This Look Like in Real Life?

These are the kinds of situations where a 711 transfer may come up:

·         An owner discovers that a fence, driveway, shed, or landscaping area is not exactly where everyone thought it was.

·         Two neighbors agree that a property line would make more sense if it followed an existing driveway, tree line, fence line, or maintained yard area.

·         An owner wants to purchase a small strip of land from the neighbor to expand a side yard.

Not every boundary adjustment is dramatic. Sometimes it is a few feet. Sometimes it is simply correcting the difference between what the deed says and how the property has been used for years. But small pieces of land can create big title problems if they are not handled properly. (Our personal record is an 6 inch strip of land that was valued at $240, but could have required tearing down a portion of a house and/or cost the client thousands of additional dollars in court).

Ohio law regulates the division of land.

If an owner is creating a new parcel, especially a parcel under five acres, subdivision or platting requirements may apply. However, Ohio recognizes an important exception: the sale or exchange of parcels between adjoining lot owners is not treated as a “subdivision” when the transfer does not create additional building sites and the parcel exceeds 5 acres.

The key idea is this: the law is more flexible when boundary lines are merely being moved between existing adjoining owners and no new buildable lot is being created.

What a 711 Transfer Can Do

A properly handled 711 transfer may allow adjoining owners to:

·         Add land from one parcel to another.

·         Subtract land from one parcel and combine it with the neighboring parcel.

·         Align the legal description of the property with how the property is actually being used.

A title issue involving a driveway, encroachment, access point, or irregular boundary may not be solved by a handshake. It usually needs a deed, a proper legal description, local approval or sign-off where required, and recording.

What a 711 Transfer Cannot Do

A 711 transfer generally should not (and often cannot) be used to create a new building lot, split property for development, avoid required zoning review, or bypass health department, access, frontage, or local planning requirements.

It also does not eliminate the need to consider mortgages, liens, taxes, surveys, legal descriptions, zoning, easements, and title insurance requirements. If the land being transferred is subject to a mortgage, the lender may need to consent to or release the transferred portion. Easements and restrictions also do not disappear simply because the parcel boundary changes.

The Practical Process

While each county and municipality may have its own procedures, a typical boundary adjustment often involves:

1.       First, the parties identify exactly what land is being moved and hire a licensed surveyor to prepare a survey.

2.       Second, the parties determine which local offices must review or approve the transfer. Depending on the property.

3.       Third, a deed is prepared, signed, notarized, approved as required, and recorded.

The goal is not just to get a deed recorded. The goal is to make sure the transfer actually works from all angles: title, tax, survey, zoning, and future-sale.

Why It Matters Before Closing

A buyer may discover that the driveway serving the property crosses the neighbor’s land. A seller may learn that the fence everyone assumed was the property line is several feet off. A title company may need to determine whether the issue can be insured, excepted, or cured.

Sometimes the answer is an easement or similar agreement. But sometimes the cleanest answer is to move the boundary line itself. That is where Ohio Revised Code Chapter 711 can become a very practical tool.

Final Thought

Property lines matter. They affect ownership, access, value, financing, future improvements, title insurance, and neighbor relationships.

So on July 11, while everyone else is celebrating 7/11 with a frozen drink, we will be celebrating one of Ohio real estate law’s less glamorous but surprisingly useful tools.

Sometimes, the best answer isn’t to argue over the line; but, rather to move the line.