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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If I am part of a shared easement with two other property owners, can I grant an easement of necessity to a third party?

I live in Okaloosa County Florida and I have two pieces of land that share a common easement with two other properties. The easement was created prior to the purchase to protect all parties as well as provide ingress/egress, access for utilities, etc. There is a neighboring property, located to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 26, 2022

You could grant an easement across your parcels, but that wouldn't do the owner of the landlocked parcel much good unless the other landowners were to do the same.

2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... Read more »

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1 Answer | Asked in Criminal Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners..

MD. Courts and Judicial Proceedings Code Ann. § 5-103 (2020) Statue of Limitations 20- -20 Owner/Owners Ejectment Ejectment Rights And And Adverse possession Maryland. They Can Ejectment Before Or Or After The Statue of Limitations 20- -20 Years. And And By What Other Grounds Can They Ejectment.... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 24, 2022

The question is barely in English, and the description of the defense of adverse possession isn’t vaguely close to the law. If you have occupied a property openly adversely continuously and hostilely for more than the time in the statute of limitations, you may assert —preferably competently,... Read more »

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Can I do anything about my neighbors parking next to my home grayling mi 49738 208 Scott street

We live in the township, not city. My neighbor has a business which is transportation. He has big diesel trucks, other trucks, big trailers, van,rvs, snowmobiles etc. they run everything between our homes. I live in a 1965 trailer, which the owner, my boyfriend has had since he was 22, he’s 56... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 23, 2022

You should research what your local ordinances say about trucks, noise, and commercial activity on residential property. Perhaps they are in violation of something, which you can address with your township or file a nuisance action.

The problem with living in a township versus a city is...
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1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Kentucky on
Q: I own a mobile home that sets on my step fathers dads land. My step grandfather passed away about 3 months ago.

My question is, can I move into the mobile home that is legally mine until the probate is done?

I was told by my aunt that the land will most likely go to the state to pay off the rest of his bills from the nursing home.

Timothy Denison
Timothy Denison answered on Jan 20, 2022

You need to check with the executor or trix of the estate and get permission. Otherwise, you may have to move the mobile home as it is considered personal Property in Ky, not real property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: I moved in my home and 1.4 acre of my land is being farmed by the previous owners family. What should I do to reclaim it

My house I bought sits on 4 acres. The seller inherited the land from his grandparents. My next door neighbor is the previous owners brother who owns an identical lot to mine. Behind my property is a planted field with corn by the previous owners uncle. The guy I bought it from used to let his... Read more »

Leonard R. Boyer
Leonard R. Boyer answered on Jan 18, 2022

You need to retain an experienced local land use and zoning law. These are the type of cases, where you really need a politically connected attorney to accomplish anything. Good luck.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I moved in my home and an acre of my land is being farmed by the previous owners family. What should I do to reclaim it.
Morris Leo Greb
Morris Leo Greb answered on Jan 16, 2022

There are several issues that need to be addressed. The first is whether there was a written lease giving the mower the right to continue to mow. Did the affidavit of title disclosed the lease? Was the prior owner receiving farmland real estate abatement for the property taxes. If so, dis the prior... Read more »

1 Answer | Asked in Land Use & Zoning for Rhode Island on
Q: My house has a home behind me. There is 2 ways of getting to the house. My driveway and another down the road. Why?

Why is my driveway the easement?

Albin Moser
Albin Moser answered on Jan 16, 2022

Your driveway may be the easement by past agreement. If there is a recorded document that gave the back property an easement across your driveway then that would explain it. The easement passes from owner to owner, and whoever owns the back property holds the easement, has the right. It "runs... Read more »

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Pennsylvania on
Q: Selling my house. Neighbor recently built on my right of way

I did file suit against township. Was told it’s a civil matter. They do no have enforcement

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

You need to file suit against the neighbor. They can't build on your property. You need to survey it, then you can say it's truly on your line.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: What actions can I take against a neighbor who has placed items on my property?

I purchased a piece of property to build a new home, we have closed and the deed has been filed. The neighboring lot is also building a new home and their contractor has placed a dumpster and the spoils from digging a pool on my property without permission. How can I force them to remove it... Read more »

Linda Liang
Linda Liang answered on Jan 10, 2022

Trespass. You can sue them for trespassing.

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if people are living on land I purchased from the state?

I received my patent for tax forfeited lands. I went to visit the property and was told by neighbors. People who were living there appeared a year ago with paperwork saying they owned the land. There is little information on what to do next. I was told by sec of state office, my patent is the only... Read more »

Arthur Calderon
Arthur Calderon answered on Jan 9, 2022

From the looks of it, you may need to consider getting law enforcement involved to effectively escort the people off of the land. Assuming that they have no legal interest in the property, then they are trespassing.

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: I owe real state taxes for the city of Methuen MA Can I set up a payment plan are there any options

The total real state taxes with fees and penalties is around 30000, can a payment plan be in placed so I don’t loose my home and also be on time with my current tax bill

Christopher Tolley
Christopher Tolley answered on Jan 7, 2022

Contact the tax collector, explain your situation, and see if you can arrive at a payment plan.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Massachusetts on
Q: Can a deal be made with the city of Methuen if you owe taxes on real state

I was having a rough couple years domestic violence, health ,unfortunately , I owe real state taxes for the city of Methuen they want to foreclose on my property can I make a payment plan is there anything I can do , my situation has change and I’m able to pay the taxes moving forward and setting... Read more »

Christopher Tolley
Christopher Tolley answered on Jan 7, 2022

Contact the tax collector, explain theyour situation, and see if you can arrive at a payment plan.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Do subdivision covenants and restrictions expire in a county with no zoning laws.

We are in Union county, outside the city limits of Blairsville. The subdivision covenants and restrictions were created 12/27/1990. There are 9 lots in the subdivision. 4 of which have homes on them. 3 lots just sold and are getting ready to be built on. One of the new owners claim the covenants... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on Jan 4, 2022

Your questions will be answered by through review(s) of the property's title chain(s). I suggest you call Cary Cox or the Davenport Firm or David Barrett to meet with as they are all familiar with these issues.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Someone has fenced of an entrance to my property and made it part of theirs. Can I legally force him to unblock it?

Someone built a house on a property adjacent to mine and fenced off a portion that would have been access to my home.

Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2021

Hire an attorney immediately. Acquiescence and Adverse Possession are very real. You will probably need a survey, a very well written demand letter from your attorney, and possibly have to prosecute an expensive, difficult Quiet Title or similar Action.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oklahoma on
Q: Bought a house from heritage housing in Oklahoma City. Signed all the paperwork and put down $2500 about three month ago

Got notified today a week before delivery price had gone up $7000. Can they do that? After I’ve already signed and paid a deposit?

Charles Watts
Charles Watts answered on Dec 20, 2021

You should contact an attorney who can review your contract and paperwork to determine if they have that ability or not.

2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
Jane Kim answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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1 Answer | Asked in Criminal Law and Land Use & Zoning for Tennessee on
Q: What is the code or statute in Tennessee for someone removing the iron pin and property markers on a lot?
Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2021

TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common... Read more »

1 Answer | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Alabama on
Q: I have an issues with foreclosure…I inherited the land but it has a mortgage from the previous land lord do I have to

Pay it ?Additionally I’m waiting for the title to the land

Anthony M. Avery
Anthony M. Avery answered on Dec 7, 2021

The mortgage note is not your obligation. But the mortgage secures the payment of the note against the land...If unpaid, then foreclosure occurs.

1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: If I'm building a house for cash paying for it upfront on some land do I need a deed
Teri A. Walter
Teri A. Walter answered on Dec 6, 2021

If you already own the land, you already have a deed which covers everything that is permanently attached to the land, or that becomes permanently attached to the land; this would include a house (assuming it's not on wheels). If you're buying the land, then yes, you'll need a deed,... Read more »

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