On July 24, 2020, Mike Sikora presented to the Ohio State Bar Association’s Council of Delegates – consisting of over 200 lawyers from all throughout Ohio – on suggested improvements to Ohio’s Judgment Lien Statute. Those recommendations presented by Mike Sikora were approved by the Council of Delegates, and now the Ohio State Bar Association will take the lead on advancing this initiative through its legislative advocacy process.
The Supreme Court of Ohio recently decided a dispute involving commercial real estate and held that, absent an express reservation, the right to receive rents from a lessee runs with the land and follows legal title. See LRC Realty, Inc. v. B.E.B. Properties, 2020-Ohio-319. The Supreme Court of Ohio’s decision in LRC overturned a lower court’s decision regarding a dispute over whether the buyer or seller was entitled to receive rental payments from the owner of cell tower located on the commercial real estate that had been transferred to the buyer. The LRC Court summarized the general rule in Ohio that all real property rights transfer with title, unless there is a clearly stated reservation of rights to the contrary. Thus, the Court concluded that the buyer was entitled to those rental payments, despite the seller’s receipt of some of them and the seller’s mistaken belief that it was entitled to receive them and keep them.