Potential Buyers

Ohio Residential Property Disclosure Form

In Ohio, sellers must disclose all known, material, and latent defects, regardless of any legal exemption or "as-is" clause, to avoid claims of fraudulent nondisclosure. While the doctrine of caveat emptor (buyer beware) still exists, Ohio case law has carved out exceptions for fraud.

“This form is required by Ohio Revised Code Section 5302.30.”

…if this form is not provided to you prior to the time you enter into a purchase contract for the property, you may rescind the purchase contract…”

https://com.ohio.gov/divisions-and-programs/real-estate-and-professional-licensing/salespersons-and-brokers/transaction-forms-and-disclosures/residential-property-disclosure-form

1. Water Supply

   • A private hand pump well exists and appears nonfunctional.

   • Public water supply is not available.

2. Sewer System

   • Remains are likely from a pit outhouse similar to 6340 Frederick Pike, 15 feet away.

   • Public sewer access is not available.

3. HAZMAT

   • Sodium pentobarbital, formaldehyde, and other chemicals are potentially in groundwater from the pet cemetery.

   • PFAS is potentially in groundwater being down river from Dayton Airport.

   • Radon level detected at surrounding property: 1-50 pCi/L.

4. Drainage/Erosion

   • Owner of 5 acres owes for past and ongoing costs of drainage/erosion shared driveway issues and repairs, which have contributed to at least one human fatality.

   • Culvert for access to 5 acres clogged, contributing to water logging of shared driveway foundation, which contributed to structural failure of shared driveway; culvert therefore removed.  

   • Given the shared driveway is in part in a narrow/ravine on lower wet ground, it has a history of sinking/drainage/freezing over issues contributing to vehicle collisions, particularly at the bottom of the hill going across Frederick Pike, causing a car to hydroplane leading to the death of a driver.  Water frequently runs out of and down the driveway and across Frederick Pike, occasionally freezing over.  There is a failed drainage system under the driveway, which leaks out for days after a big rain and occasionally freezes over down the hill.  Ditches and culverts also occasionally clog and freeze over the driveway (see pictures at end).  Any snow on the driveway hill going down to Frederick Pike and the Stillwater River may be enough to conceal ice or otherwise prevent a vehicle or person from stopping.

5. Zoning/code violations

   • The 5-acre lot is landlocked, which is nonconforming with Butler Township Zoning Regulations in not having the minimum required road frontage for any legal use.

   • Nonconforming uses place burden on the surrounding area which devalues properties, evident by sale prices and foreclosures of properties which share the same driveway as the subject property (shown below).  Decades of foreclosures are in part the result of property values driven by neighbor issues centered around the shared driveway.  The intent of zoning is to not remove an occupant from an existing structure, but end nonconforming uses upon end of use, which is intended to make the land only valuable to those who can provide road frontage to eventually end of the burdens of landlocked properties and shared driveway issues upon end of legal use.

   • The end of legal use of the subject 5 acres was approximately 50+ years ago.  

   • Permits for construction, even an addition on existing structure, on landlocked property within the Narrows have previously been rejected.

   • To attempt a nonconforming use would be going against zoning regulations and the oldest pet cemetery in Ohio.  Butler Township historically sides with the public when it comes to nonconforming construction/development.

   • Property landlocked within the Narrows no longer have roadside trash service and may be lacking access to other utilities due to abandonment of nonconforming use(s).

     1. ORC 3734 states dumping on another’s property (for example: by Frederick Pike on cemetery property for trash pickup) may be charged as a felony, where the prior cemetery owner was arrested and fined for allowing dumping at the cemetery.

6. Proposed assessments

   • The owner of the landlocked 5 acres owes driveway maintenance costs, for which a judgement lien is being pursued with the intent to foreclose again to collect payment.  The owner is required to disclose the obligation of contributing to the shared driveway, including what is owed from the past for the subject property.  Costs to maintain access to the property stay with the property like property taxes and HOA fees.  If any part of this is not disclosed, the next owner may sue the prior owner for not disclosing costs already owed.  Evidence is available, including the amount you pay to cover past work.  The exact amount as of any date may be requested by contacting the cemetery.  The cemetery plans to complete another driveway replacement after incinerators are installed, as there’s little justification for the driveway to be replaced prior to offering desired services appurtenant to the cemetery.  The driveway also needs to be built and maintained to handle the weight of equipment used to maintain the preexisting 16” high pressure gas line and for landlocked properties trash service.

   • The shared driveway lighting, which preexists current parties ownership, failed and is being replaced. 

   • Example: if one party spends $200,000 to replace the shared driveway 20 feet wide 1,300 feet long, and $40,000 on lighting, maintenance, and snow removal totaling $240,000 in a given period, the other party then owes half of $240,000 which is $120,000, which may be placed as a lien and foreclosed again to collect payment. 

7. Shared Driveway

   • Shared driveway easements include approximately 0.85 acres out of the 5 acres, which subtracts from approximately 90% of the perimeter of the 5 acres.

   • A shared driveway agreement was recorded to allow the landlocked 5 acres to exist without road frontage.  The recorded shared driveway agreement states, with spelling errors (scan of original agreement also included below),

     1. “Said grantors [cemetery owners separating/selling 5 landlocked acres] agree to reserve a 15 foot strip of Ground on north side of said 5 acre tract and likewise dedicate a 15 foot strip off the south side of his 20 acre tract [remaining cemetery property] which will be adjacent to said First 15 foot strip left open for road purposes so both grantors [cemetery] and grantee [5 acres] may have egress and ingress to said tracts; all expenses of maintainence and building said roadway to be borne equally by grantors [cemetery] and grantee [5 acres] herein.”

   • The recorded agreement is “all expenses… to be borne equally” between only two parties listed, where again today only two parties exist.  It is not split by number of lots, amount of use, type of use, number of uses, people, buildings, square footage, parking spaces, acreage, cars, whether or not a party uses it at all, how much money someone has, or any other way.  A lot may go through foreclosure repeatedly to cover said costs owed.

   • The shared driveway originated in 1928 after the start of the Narrows Pet Cemetery in 1926 (also on a preexisting farm), so the existence and operation of the cemetery, which has existed continuously since 1926, does not present a change to or abandonment of said agreement.  Building on an abandoned landlocked property however would be an nonconforming change in use.

   • In this agreement, there are no votes involved with specific driveway expenses.  This means unknown future costs.  You are free to choose to buy/own land involved with said open ended agreement, landlocked within a pet cemetery.  If there were votes, the landlocked 5 acres may likely be forced to pay and do whatever the majority votes and still subject to liens and foreclosure.

   • For cost estimating: the shared driveway easement, which was recorded so the 5 acres may exist, is 1,300 feet long and 30 feet wide; it is currently paved 18ft wide plus preexisting retaining walls, culverts, and lighting

   • Additional shared driveway easements exist on the 5 acre property for shared benefit with a 10-acre property, which includes a 20-foot-wide driveway easement along and within the entire north edge of the 5 acres, a 40-foot-wide driveway easement within the east corner of the 5 acres, and a 10-foot-wide easement along and within the south edge of the 5 acres from Frederick Pike to “level ground”.

8. Encroachments

   • The physical shared driveway encroaches beyond legal driveway easements onto 6330 and 6350 Frederick Pike properties, whereas as much as the entire width of the paved driveway is physically outside the legal easement before reaching the landlocked properties.

   • The primary structure at 6340 Frederick Pike encroaches into the shared driveway easement.

9. Other Material Defects

   • Ruins exist from prior driveway and structure on the 5 acres last used estimated 50+ years ago

Other information

1. The current owner of the landlocked 5 acres was previously sued for falsely selling other land as a “buildable”.  Reference: Montgomery County Clerk of Courts, case number 2019 CV 05554.  After over 10 years after construction started on the lot and years in court the sale was reversed.  The two developers involved, including one who currently owns 5 acres landlocked within the Narrows, were also held responsible for court costs.

2. The current owner of the landlocked 5 acres acquired the 5 acres after foreclosure lawsuit against the previous owner, in which the current owner had a mortgage lien against the prior owner.  The prior owner tried to build on the landlocked 5 acres.  The prior owner was two business partners under an LLC, one filed for bankruptcy.  Reference: Montgomery County Clerk of Courts, case number 2008 CV 11167.

3. The surrounding pet cemetery and appurtenant animal incinerator uses are regulated and protected/exempt by state law; reference: ORC 961 & OAC 3745-31-03(B)(1)(rrr)

   • The pet cemetery is deed restricted as a pet cemetery, which covers appurtenant uses such as incinerators for handling of animal remains.

   • Ohio EPA exempts incineration of 600lbs/hr of animal remains per incinerator with no limit on hours of operation.  Animal incineration emissions limits were mostly eliminated from Ohio law in 2023.

   • Cemetery expects animal incineration services to be focus of services/income going forward as agriculture and cemetery protected land uses.

4. Due to previous owners of landlocked properties dumping in the cemetery, use of illegal drugs, unlawful firearm discharge, vandalism, theft, refusing to contribute to driveway maintenance, and even pay for trash service (evident by liens from township), anyone involved with landlocked properties is no longer welcome on cemetery property beyond the right of way.  This also means no river access for landlocked properties.  If a vehicle is left on cemetery property or blocking a driveway easement, even because one couldn’t make it up the driveway due to snow (which has not been plowed by landlocked properties in years), the vehicle will be towed without further warning.  Contact Sandy’s Towing at 1-800-762-4357 to retrieve your vehicle.

5. Video surveillance may make perimeter intrusion alert sounds and sends notifications when someone enters cemetery property, including when passing through cemetery property to a landlocked property.  Alert sounds, and PA systems are audible throughout the Narrows properties.  Alarm sirens for the cemetery and agricultural land uses are audible from several miles away.

6. Agricultural fences are energized with 7,000 volts per ORC § 3781.1011(C)(6), which will eventually surround the perimeter.  If your dog can get to the fence or livestock, you have failed to control your animal, and will have to answer to law enforcement.

7. ORC 2923.162: “(A) No person shall … (1) … discharge a firearm upon or over a cemetery or within one hundred yards of a cemetery;”

Sample video evidence: https://www.youtube.com/watch?v=yFxzHeF1Vb0