Lawyers, Answer Questions  & Get Points Log In
Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: We are in the process building a pool in our backyard. We have a 16 foot utility easement across our backyard.

We received a consent to encroach from City of Houston where they authorized building the pool. We ran into a gas line while digging, and Center Point Energy is claiming we cannot encroach on the easement and need to fill the hole in our backyard, otherwise they will file "unauthorized... Read more »

John Michael Frick
John Michael Frick
answered on Oct 14, 2022

Offer Center Point more money.

Q: Code Enforcement illegally entered and took photos on my property then issued me a summons for it?

I currently have a summons to appear for a Trash/Debris ticket in my Municipality. We requested the Town to send us pictures after numerous times of us cleaning all areas seen by the public we reviewed the photos from Code Enforcement for it to reveal they entered our backyard without permission... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Oct 11, 2022

Unless the municipality can show that there was an emergency situation which required immediate attention, the municipal officials can not enter your premises without your permission.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: My parents live in a mobile park owned by the local airport. The FAA is making them do away with the mobile park and

Residents will be displaced. Do they have an obligation to pay residents to relocate?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2022

If they own the mobile home but lease the land they are eligible for relocation assistance through the Florida Mobile Home Relocation Trust Corporation. It is administered by the Dept. of Business and Regulation (DBPR). They can contact DBPR at (850) 488-1122) for information.

View More Answers

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: Is listing a home for sale as residential but is actually on commercially zoned property illegal?

Home was (and is now again) listed on realtor.com and zillow.com as residential property; my son put in an offer and paid for inspection and appraisal. A closing date was set. The lender called 2 days before closing and advised that the structure was actually on commercially zoned property and only... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 11, 2022

Did your son use a realtor? I'm not sure the listing agent has any responsibility to your son. This sounds more of a ethical or professional responsibility issue to address, perhaps, with the local board of realtors, than a legal issue, unfortunately.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Can I sue my title company for failing to disclose litigation about my home being built on my neighbors land?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 10, 2022

You need a competent GA attorney today. Title co will claim it does not represent you, so very weak causes of actions apply. Seller may be liable on covenants of title, but maybe not. Also someone should have looked at survey, and you do have some responsibility. You have bought a lawsuit.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Can my property manager make me install skirting on my deck even when it costs hundreds of dollars

I own the mobile home but not the lot it sits on. The new property manager is demanding I install skirting on my deck or I will be penalized. Is this legal? What if I can't afford it?

John Cucci Jr.
John Cucci Jr.
answered on Oct 8, 2022

The park where you have your trailer has rules and regulations. I'm sure when you first started staying there, you signed some kind of agreement or lease. That document will tell you all the rules and requirements that you must abide. Take a look and see what it says about the need for a skirt... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How can I remove a squatter from my uninhabitable garage?

I have someone squatting in my garage, it is not habitable. I told her she could rent the space to do online Webcam but that she couldn't live there, she's now been living in it for a month. This is a code enforcement issue, she's also doing drugs, has I violent dog, and has... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Oct 7, 2022

Illegal evictions are not allowed in California. You must go through the proper channels to obtain an eviction. That being said, the tenancy itself is illegal due to the garage not being a habitable structure.

Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... Read more »

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: if the property does not belong to the company next door is it right for them to unlawfully remove you without any paper

this company next door to where I live wrongfully kick this out of where I live call the cops on us .causing us pain and suffering my animals have died and they locked it up fenced it so I can't go in

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Sorry to hear that. Why were you removed? [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.]

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Can you live/camp in the backyard of an unfinished home if you are not the owner?

A home on our street was torn down and a new home was started but only got as far as framing the house, then the progress stopped 2 years ago. The owner lives in Florida (this home is in Colorado) and the owner's son is homeless and has schizophrenia camps in the backyard. Other homeless... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

In short, it would be difficult to force the sale since you do not have an ownership interest.

Could there be other legal remedies? Potentially. You should call an attorney to check.

If the occupants are there without the landowner’s permission, it could be trespass. Again, it...
Read more »

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 PRO label
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 »

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.