Lawyers, Answer Questions  & Get Points Log In
Land Use & Zoning Questions & Answers
1 Answer | Asked in Family Law and Land Use & Zoning for Texas on
Q: I need to see my Father's will..I was granted 20 Acres at 34.2 w 2.20e on Howard county. How is the best way to get it.

My siblings are trying to keep the land, saying I won't be able to make the taxes.

John Michael Frick
John Michael Frick
answered on Sep 28, 2022

Obtain a copy from the clerk of the probate court where your father's will is being probated.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How do I report a neighbor with no muffler?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 26, 2022

Have you tried talking to the police? Unfortunately, there is not allot that can be done for an annoying neighbor. At a certain point, it could be a nuisance but is it worth the time and money? It's a hard one.

Please be aware that any answer is based on all the events occurring in...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who is responsible for retaining wall in nj?

My neighbors property is about 10 ft above my level and the retaining wall is falling off. They want me to help pay for its repair.

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 26, 2022

The owner of the property on which the retaining wall is located. The exact position of the wall should be shown on the survey of the property. Any questions about the construction should be addressed to the municipal building inspector.

1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

Q: I live across the street from a developer who used to play nice. You knew what was going to be built 6 months in

advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”

WAS ALL OF THAT LEGAL?????

It’s been a few years.

Do Towns... Read more »

Elaine Shay
PREMIUM
Elaine Shay
answered on Sep 22, 2022

Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.

1 Answer | Asked in Consumer Law and Land Use & Zoning for Wisconsin on
Q: Powere company came to trim trees, took half my tree, and left. Is there anything I can do about it? Vandalism charges?

They are offering to take the tree but not grind the stump out, is there an obligation to actually fix the issue

Tim Akpinar
Tim Akpinar
answered on Sep 20, 2022

A Wisconsin attorney could advise best, but your question remains open for two weeks. Electric utilities nationwide have broad authority when it comes to protecting and maintaining their transmission infrastructure, including removing trees and other hazards that could ice, bring down cables, and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: My sister and I are about to purchase land in Puerto Rico. All paper work is good and land is clear with the state and

Town. We want to divide the land and register our parcel separately. How can we accomplish this? Can this transaction happen directly from seller to the two new buyers with each buyer claiming their part of the land? Or does it have to be registered under one person and then be separated? Need... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Sep 20, 2022

The property must be segregated by way of a deed. Although this can be accomplished in the sales deed, you cannot segregate a property without procuring required legal permits beforehand. The quickest, most expedient way I recommend would be for you and your sister purchase the land and register it... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If you maintain land for over 20 years can you claim that land
Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Ohio requires 21 years to make a claim of "adverse possession."

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: In Colorado if a road easement is used to put in a new road who repairs the adjacent land?
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 14, 2022

I think that would partially depend on if negligence was involved, who the easement was granted to, associated contracts and covenants, and so on.

I hate to say it but more info would be needed. You should reach out to an attorney to discuss.

Please be aware that any answer is...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: Our property line goes directly through our neighbor of 5 years driveway. We want to fence our property completely
Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Aug 26, 2022

This is a complex question. You should contact an attorney.

If you own a property, you have a right to fence it provided you do not run afoul of any covenants, HOA, zoning, ordinances, and/or other laws. In certain rural areas in Colorado, you may be required to fence it.

The...
Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I inherited a lake house from a grandparent via a Lady Bird Deed, but the land deed isn't in our name.

They found a descendant of the original land owner and they are willing to negotiate. Our grandparents have always said they owned the land, did all the upkeep, paid all of the taxes, and everything that comes with it. Is there any documentation I should be looking for? Is there a way to prove it... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 25, 2022

Your question isn't exactly clear.

If there is a ladybird deed you record the death certificate and the deed is then 'in your name'

Are you suggesting your GRANDPARENTS didn't actually own the property they deeded to you?

Was there some sort of...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: In NY can you claim ownership of someone else's property because you have used it for some of period of time?

We have an adjacent neighbor whose driveway has two exit points: at one end onto a main road which is what they are supposed to be using, the other end onto our church parking lot and then onto a side road. Part of the driveway that leads to our parking lot crosses over part of our property. The... Read more »

Michael David Siegel
Michael David Siegel
answered on Aug 23, 2022

Yes and no on the ownership. If you write to them and tell them to stop, that cuts off any ownership issues. You can legalize the driveway through your land by doing what it called an easement. It is a recorded document, like a deed, that states that the driveway is for access but subject to... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Land Use & Zoning for California on
Q: What type of attorney do I need? City code inforce, city appointed reciever took my home kept all equity? What type of l

I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever

Louis George Fazzi
Louis George Fazzi
answered on Aug 19, 2022

You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.

Do not delay because every moment counts.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 17, 2022

You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly... Read more »

2 Answers | Asked in Land Use & Zoning for Rhode Island on
Q: I own 2 lots in Narragansett RI. There is a paper road between the two properties. Does the town own the paper road.

The paper road is woods and swamp, not even a path or dirt road exists. It probably could not be made into a road because of water table. It was platted over 70 years ago. Does the town own the land or just hold a ROW for the property? The other roads in the neighborhood are paved and maintained... Read more »

Albin Moser
Albin Moser
answered on Sep 3, 2022

A paper road remains the town's property even if the town does nothing with it. The town does not have to build a road on it in order to keep it as a paper road. The town retains the option to build a road on the area of the paper road at any time in the future.

As for whether or not...
Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: My neighbor has encroached about 1/4 acre of my property. What do I do?

We do not know how to approach them with this. Their carport and all of their yard on the side of their house is my property. Do I offer to sell? Do I need to go ahead and file charges for trespassing? We do have no trespassing signs.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 16, 2022

That appears to be a Boundary Dispute. Hire a LA attorney to search both adjoining owners titles. The common boundary may need a Survey, where the Surveyor would be your prospective witness. Then file suit to Determine the Boundary. This is difficult and expensive, but if you do nothing, you... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
Read more »

1 Answer | Asked in Business Formation, Business Law and Land Use & Zoning for Florida on
Q: Hello, I am interesting in leasing a suite and then renting out the rooms to licensed stylist or lash artists

What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you

Keith Kanouse
Keith Kanouse
answered on Aug 9, 2022

I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.