Lawyers, Answer Questions  & Get Points Log In
Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming on
Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Lemon Law for Maryland on
Q: "The law does not stand anywhere." Is this a fact of legal theory, or just something with which to hit me on the head

Your statement: The Law does not stand anywhere. Et tu quo que.

Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I bought the house, and land; not included were two small barns; with underground electric fed from the house.

I bought the house from the ex-wife; the ex-husband apparently owned the two small barns on the small adjoining lot; with shared utilities from the house. I've been told by a realtor that the small lots cannot be separated from the main property in this way by the previous owner divorcees. I... Read more »

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

The law doesn’t “stand” anywhere. Your presumably discount purchase and closing resolves who owns what. Get a lawyer to read and interpret your deed and then look to the title insurance to defend your deed. If you have neither a recorded deed nor title insurance, your payment of taxes is... Read more »

View More Answers

2 Answers | Asked in Land Use & Zoning for Florida on
Q: Are they any lawyers on the pro bono list of lawyers whom handle very bad neighbor issues, involving a series of events?

Neighbor issues of on going events of harassment since December 19th-2020 to current. Some involves a fence I paid for $600.00 as I want reimbursement for all the emotional distress and damages he has done to the fence.. He has carpet tacks which he furiously bashed them to fence all across top and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 18, 2021

There is no "pro bono list of lawyers". I suggest you schedule a consultation with a general practice attorney in your area to at least obtain advice, if not also representation that should start with a cease & desist letter.

If you cannot afford to consult or hire a lawyer,...
Read more »

View More Answers

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Land Use & Zoning and Small Claims on
Q: I need a form and i need to ask how to get the form from a attorney that can send one to mhmr by fax if the attorney can

I need a attorney that can help my with infomation of a form i need

Tim Akpinar
Tim Akpinar answered on Jun 18, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New Jersey on
Q: If I live in a smoke free building in NJ. Can I smoke about 20ft away from the entrance? Or do the building rules apply?

The house rule state that no smoking permitted inside the building or immediately in front of the building or any of the utility rooms.

Morris Leo Greb
Morris Leo Greb answered on Jun 16, 2021

It will depend on whether the 20 foot distance is still on private property. If you wish to smoke stand on the public streets.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a Florida HOA issue an amended approval a month after they approved something without the homeowners requesting it?

Our Florida HOA approved and certified our application for a tan fence even though our community guidelines call for white. A month later our fence co contacted the HOA telling them they approved a tan fence, at which time the HOA issued an amended approval for white fencing. Can they do that?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 13, 2021

If the fence hadn’t been installed yet, yes, they can correct their error. If the color wasn’t clear from the application, the HOA might be able to amend approval even if the fence was installed. If it was clear from the application the fence was tan, you asked for a variance and you installed... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How do you go about finding pieces of property that are in disrepair or undeveloped and fix up and aquire it free
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 9, 2021

If you are asking about "squatting" (occupying property knowing it's not yours), you can't acquire title to it free of charge.

1 Answer | Asked in Land Use & Zoning on
Q: In the process of replacing a broken fence putting it back into it original spot the neighbor gives me a stop work

We're not on her property and everything was being put back into its original holes can she give me a stop notice

Michael Zamzow
Michael Zamzow answered on Jun 6, 2021

Depends on the State, potentially also depends on the municipality or home owners agreements. Depends on how long the old fence was in place. And depends on any other agreements in the past, or recorded, that might modify your ability to remove and replace an old fence.

Let's say its...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: my brothers are not agree to sell land. so how can i sell my particular part of land. please help from pune maharastra.
Michael Zamzow
Michael Zamzow answered on Jun 6, 2021

Dependent on your jurisdiction.

At common law land held concurrently, by several people, permits all persons the right to the enjoyment and possession of the land at the same time. (Generally,) There are three primary types of concurrent ownership. As a result, your right to...
Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: We have a paper street between two houses in New Jersey. Township has not maintained property for 100 years .

They are now threatening to auction off the property! What are my rights? What is NJ law under these circumstances? This all came about due to request for vacation in order to build new house up to property line. Don’t we own the lot along with neighbour due to abandonment?

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

If the municipality is vacating the paper street, it should divide the property equally between or amongst property owners abutting the vacated portion of the paper street.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Hi what clearance for parking besides the drive way in Elmwood Park

I have some body parking his cargo van beside my driveway I can't see any cars comes from the street

Morris Leo Greb
Morris Leo Greb answered on Jun 5, 2021

Every municipality has its own zoning and traffic ordinances. I suggest you call the municipal engineer or the planning department to discuss this issue.

1 Answer | Asked in Real Estate Law, Appeals / Appellate Law and Land Use & Zoning for Pennsylvania on
Q: Hello, I have a question about the recent purchase of a house.

When the inspection and walk throughs were done it was winter time and there were a few snow storms and the deck on the house was covered with snow. Once the snow cleared we noticed that the deck had an addition done which is completely unsafe, and when signing the mortgage paperwork the previous... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 4, 2021

Did you have the house inspected? If not, as is means as is. If there was a disclosure form, and they did not disclose that is your best avenue.

You want to find what it would cost to fix, and ask them for it. See how long the other realtor had it for. If you have a realtor ask them how...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Can Adverse Possession Be Granted By The Clam Of Right And And The Adverse Clam Statement.

Can Adverse Possession Be Granted By The Clam Of Right And And The Adverse Clam Statement. ( Non Non Eminent Non Non Preeminent ) ( Non Eminent Non Preeminent )

Richard Sternberg
Richard Sternberg answered on Jun 2, 2021

Your word salad needs a light vinaigrette, because it’s got no relationship to law. Adverse possession has five elements. You haven’t named any of them. There are no clams involved unless you are serving clam chowder or a po’ boy, and I’m guessing it’ll be the latter.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Texas on
Q: Flooding rain water into our rental soaking a bedroom carpet. Management co. wants us to move out.

Offered another rental at a higher price with a year lease. What is their obligation to me. Regarding moving costs, and inconvenience etc

Tim Akpinar
Tim Akpinar answered on May 30, 2021

A Texas attorney could advise best, but your post remains open for a week, and it sounds like you are under pressure to make a decision. There's no guarantee all posts are picked up, but you could repost your question under the Landlord-Tenant category. You'd have better chances of a... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Do i have rights to stay on land?

My father passed away. I have a home in front of his and have been living here for 25 years. My stepmom still lives behind me in their home, and now the land is in her name. Can she make me move or do I have rights to part of the land that my home is setting on?

Ben Corcoran
Ben Corcoran answered on May 27, 2021

Without looking at the deeds, I cannot give you a definitive answer, but based on what you said, I suspect that you have no right to live on the property should your stepmother revoke permission.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Small Claims for Maryland on
Q: Can my neighbor keep her gate open if it is blocking my driveway. What are my options for relief?

My neighbors fence is partially blocking access to our driveway. We've closed it since it is accessible from our own property, but she continues to open it. What are our options, and what maryland provisions cover this?

Mark Oakley
Mark Oakley answered on May 27, 2021

I suppose it's a form of trespass. Have you tried talking to your neighbor? If that fails, provide her with written notice not to open her gate across your driveway, which blocks your access in and out of your property. If she does it again, I suppose you can file trespass charges (I doubt... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: My father has property in Puerto Rico that is under both his name and my mother, it is also registered as a church.

My father and mother can no longer taker care of it and want to transfer the deed to my siblings and self, can this be done if they are still living? We are looking to sell this property after transfer of deed. Will we encounter any other legal issues with this?

Mark Scoblionko
Mark Scoblionko answered on May 26, 2021

They can certainly transfer the property to family members. If they can’t care for themselves, a Power of Attorney would probably be advised so that you and siblings could act directly on their behalf.

You should engage a lawyer in Puerto Rico familiar with real estate and estate...
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.