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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Me and my dad Signed a one-year lease at an apartment complex he’s not wanting to pay rent next month
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

If the rent isn't paid, the landlord can evict both of you, if that's what you wanted to ask.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

Mark Scoblionko
Mark Scoblionko answered on Sep 20, 2021

No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared,...
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2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael Pagan
Rafael Pagan answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... Read more »

1 Answer | Asked in Municipal Law, Agricultural Law and Land Use & Zoning for Maryland on
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?

I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: 3 of my 6 acres has been used by a neighbor for timber sales without my knowledge. Property is also landlocked. Options?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

So you're talking about theft of your timber? If so, the options would be to call the police to initiate criminal charges and/or to file suit for your economic losses. Don't know why you think being landlocked is an issue.

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I bought a home in Ohio in 2019, the yard was fenced on both sides, but neither fences are on my property.

Now one of my neighbors want to take down my fence and put up his own. Does he have the right to ask me to take down the fence?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2021

Nothing stops him from asking. Work it out with the neighbors, or get a boundary survey to confirm where the property lines are, and then use the Find a Lawyer tab to retain a local real estate attorney to review the survey plat and advise you of your options.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I'm not sure what to say , I sent you a email not long ago . I'm 70yrs old and I own my house an land.

I've been served papers from the owner next-door to me is suing me about my property. there's a lot more issues with this.

Charles M.  Baron
Charles M. Baron answered on Sep 7, 2021

If you mean you directly sent an email to someone about your legal issue, you cannot re-contact that person by posting to the Justia site. You instead must contact that person directly. Or do you instead mean you previously posted your issue on the Justia site but no one responded? If you mean... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Washington on
Q: If your neighbor logs on your land, do you sue the land owner or the logger, and which law backs that up?

Our neighbor is suing us for cutting down trees on "his" land, which is actually our land. (He is also suing us for a 30 x 330 ft portion of our land by claiming squatters rights as well as emotional damage etc. Its a disaster.) But I thought that if someone cut down trees on your land... Read more »

David C. Smith
David C. Smith answered on Sep 7, 2021

Generally, both the land owner and the logger can be held liable under the described circumstances. The issue, however is complex in your case because there is a dispute with your neighbor regarding who is claiming ownership of the property where the trees are located. But, to answer your... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: We live on a private road I put a fence along the road in 2002. Neighbor wants me to move the fence. what are my options

private road in a community with an hoa that does not collect dues or enforce ccr's, road has a not a county maintained road sign on it. Fence went up in 2002 and the posts have not been moved since along with landscaping and improvements retaining walls and concrete.

James A. Greer
James A. Greer answered on Aug 31, 2021

Dear HOA Member: My best recommendation in these situations is to obtain the names and email addresses of all the members of the HOA. Then notify them that you would like to call a Special Meeting (or, alternatively, ask the Board to call a Special Meeting if a Board is in place). The agenda for... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can a church open a brewery to raise funds to purchase land?

Greetings. We are trying to start a church and at present do not have enough funds to purchase land/property on which to worship. Are we able to open and operate a brewery for the purpose of raising these funds (and later supporting ourselves, to help alleviate the burden of donating from... Read more »

Richard Sternberg
Richard Sternberg answered on Aug 24, 2021

hehe, Let me see if I get this. You want to open a tax-exempt Church of the Boozin' Bro's so you and the assembled spiritual can brew beer the way God intended it: tax-free. And, even though the Whiskey Rebellion started off this great nation right here in good ol' Virginny,... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: How do I correct a light trespass in an unincorporated town in Texas?

Neighbor's wall pack security light encroaches onto our property.

John Cucci Jr.
John Cucci Jr. answered on Aug 23, 2021


I would first suggest that you talk to your neighbor, who has the offending light. This may save you lots of time, trouble, and it is the right thing to do. . . if possible. I would like a more complete description of the light, the timing of it and other relative details, like whether...
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2 Answers | Asked in Land Use & Zoning for North Carolina on
Q: I have a truck that is supposed to be repoed is there a way to keep it?

This truck has been sitting in my parking spot for a long time on my property. I havent made the payment in over a month. I haven't been contacted via email,text, call, or mail. I'm wondering if it would be possible to keep the truck after it been there for so long. (Storage lien or... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 16, 2021

Perhaps if you made the payment(s) to get your account up to date>?

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Q: If a homeowner passes & the heir does not claim the home or pay taxes can a neighbor acquire through adverse possession

The previous homeowner passed 4 years ago and the home has remained empty. The next of kin have shown no interest in the property. Can a neighbor care for the property (agricultural and house) and become the owner using an adverse possession claim?

Teri A. Walter
Teri A. Walter answered on Aug 12, 2021

Yes, if you hold it exclusively for long enough. The minimum period in this situation would be 10 years.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Tennessee on
Q: I have a family member whom gave me property and has passed away. I have a notorized quit claim for it and never had it

recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.

Anthony M. Avery
Anthony M. Avery answered on Aug 9, 2021

Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: Is At&t a utility that can use easement right of way and place line in ground tearing up property and placing it ...

... where they want to , using county road right away in Roger's county oklahoma, then threatened me with sherriff to have me removed for voicing my opinion. It's not right, not fair, is this a law that just tramples the rights of property owner and not the fairly takes in account... Read more »

Charles Watts
Charles Watts answered on Aug 4, 2021

Utility easements are often written into the legal description of the land. Additionally, even if not, but they have record of the utility easement and that can be proven (which from my experience they usually have their information together before doing any work) - then yes they can without... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am in Florida. When i bought my house the property was fenced. This occurred in 1993. A person moved behind me and has

Lived there since 2013, but never said a word. Now, after cutting all the plants she had, she claims part of my fence was in her property. I paid for a survey and indeed a portion is, which means i would have to tear all lighting, palms, etc. Does the adverse possession law apply since she never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Probably, yes. Florida Statute 95.16 provides as follows (in pertinent part):

"Real property actions; adverse possession under color of title.—

(1) When the occupant, ... entered into possession of real property under a claim of title exclusive of any other right, founding...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: What shall I do when my neighbor removed the surveyors stake between our properties?
Richard Sternberg
Richard Sternberg answered on Jul 31, 2021

You might check with both the surveyor, the land records office in the circuit court, or the police. Removal of a surveyor's stake is often a criminal act, though removal is often overlooked if it was out of ignorance, and the surveyor might return, re-place the stake, and send the bill to the... Read more »

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