Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
We bought just over 8 acres of land and made plans to build a house. When we went to get our permit we were told that our land is zoned as Ag1 which has a minimum lot/tract size of 10 acres. Now the zoning department claims we have to pay to have the land rezoned as Ag2 to build on it. Is there a... View More 
answered on Nov 7, 2024
No. You’ll either have to file to rezone or sue to force them to correct the zoning. Either way, it is going to cost money.
We are out of a good chunk of land that we paid for, is there anything that can be done?
answered on Oct 26, 2024
You should probably first have the title run to check for discrepancies. You should consult a real estate lawyer to determine if any fraud was or is involved. Once these two items are done, you will know what your next move will be.
The household member had recently been charged with wanton endagerment, and criminal mischief to a place outside of the property we are renting, and they gave us a 14 day notice to quit the premises stating kentucky statute 383.660, The one arrested isn't going to be coming back to premises,... View More
answered on Aug 29, 2024
Yes, although you may have some defenses. Consult an attorney and give him all the facts of your case before you take any action.
Anything I can do since the very reason I chose to rent here was the amount of outdoor space/yard? One year lease was signed first of April.
If my property line has a tree that is partially in my yard and my neighbors yard and one party wants to hire an arborist to inspect it, am I required to help pay even if I do not want to hire an arborist to inspect it?
I have been a victim of v2k and remote neural monitoring and have been for about 6 years, and by the way, it does exist. There is a will that states the estate will come to me, but what will happen if my brother has stolen the deed from our gun safe? He knows some guys in law enforcement and has... View More
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answered on Mar 6, 2024
The only Deeds that count are the ones recorded at the Courthouse. If he has any unrecorded Deed that was never delivered to the grantee, it is not a complete transfer of title, for which you will have to file a suit for. Was the Will filed for Probate? If not, then it is of no effect, If... View More
A wife buried her grandchild and husband on her land and then sold it to me. Now she wants to bury more family there. Now that I own it, do I have to keep letting her bury people there?
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answered on Nov 20, 2023
In Kentucky, the ownership of land generally includes the right to decide how that land is used, including whether to allow additional burials in a private cemetery on the property. However, there are a few considerations to take into account.
First, review the property sale agreement and... View More
I live on a dead end drive out in the county, very last house, there are 2 other neighbors that we all share the drive way. Our property has been there since 1967, long before the other 2 houses where added to the drive. My neighbors dog has inflicted $6,000 in damages to my vehicle by just driving... View More
answered on May 26, 2023
You’ll need to sue them in the circuit court of your county of residence for the $6,000 damages arising from the dog.
The property is owned by a conservation company and they kept doing work every dear season and they always told us they was done but then would do more work at inconvenient times. We didnt sign a contract this year but i had sent a check to secure the property. Things went south and we pulled out.... View More
answered on Jan 22, 2023
If you didn’t sign a contract there is no agreement for this year absent an oral contract if you agreed.
Cell company will not pay royalties and say a road splitting our land is an easement. None of this is on our deed.
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answered on Apr 5, 2022
You must search your title first, then the tower's. If no conveyances or easements are found benefitting the cell people, then hire a very competent KY attorney to sue for Ejectment, Trespass, Breach of Warranties, amongst other causes of actions. The road may be a Prescriptive Easement... View More
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.
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.
The neighboring apartment building the one directly beside mine. As I was doing so a couple of the people over there came out cussing me trying to fight me saying I was trespassing. I kept walking saying i was sorry I didn’t know and didn’t mean to upset anyone, while they continued to... View More
answered on Dec 2, 2021
Technically it could be considered criminal trespass in the third degree if there are clear signs that this is private property or that you are in a housing development or section 8. If you were not charged by the police you likely don’t have anything to worry about.
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... View More
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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... View More
answered on Apr 5, 2021
Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...
For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... View More
answered on Jan 16, 2020
Evidence of ownership, proof of insurance and a tax I’d number both federal and state.
Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?
answered on Nov 22, 2019
Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.
answered on Dec 20, 2012
Generally the rules of res judicata and collateral estoppel would prevent the government for trying to litigate the same issues more than once.
To speak with a land use lawyer to have your matter assessed, consider calling our offices for a consult at (877) 770-7379 or contact us through our... View More
answered on Dec 20, 2012
It is not clear who is trying to "take" your property and how. If the government wants to take your land, it will have to pay you just compensation under the Fifth Amendment. The government's power to do this is called eminent domain. To learn more about eminent domain visit... View More
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