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Land Use & Zoning Questions & Answers
0 Answers | 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 »

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 »

0 Answers | Asked in Land Use & Zoning for Arkansas on
Q: I want to know if I have any recourse in land that has been donated to a Cemetery that will come to my prope rty line.

I'm not sure how to describe what I mean but I need help I cannot afford an attorney. They have ruined the value of our property and we have zero privacy. There are laws about Cemetery expansion, but the good old boy way and money talks. It is not fit for a Cemetery there is a lot more. I... Read more »

0 Answers | 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.

0 Answers | Asked in Land Use & Zoning for Idaho on
Q: I have easement rights along the back of my property late last night my neighbor hooked up my camper & moved it

For 3 years my shed has been on the property line without any problems. Yesterday I moved a truck bed trailer to the spot behind his that's been there for weeks he immediately called the police who said that we both should move our stuff...did he have the right to move my property?

0 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: on land contract who has the right to evict a tenant? The seller says I can stay like he promised buyer wants me gone.

I've lived here for 12 years no problems . The buyer,seller and I had lunch B4 the sighing and both said I can stay. The seller wants me to stay and knows nothing about this . Can he over rule the buyer ? Contract in Ohio, land in Kentucky.

1 Answer | Asked in Real Estate Law, Civil Rights 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.

0 Answers | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: I own part of my neighbor’s land what legal grounds do i have?

from looking at the property map it looks like

i own about half of the land there house is on. can i do anything about that?

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 »

0 Answers | Asked in Products Liability, Tax Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: A sign was posted in a public parking lot with this code. How does this code apply to public parking?

I have a photo of the sign. It states private parking and towing info. Also states P.L Section 3353 I; II; C

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.

0 Answers | Asked in Land Use & Zoning for Connecticut on
Q: Perceived property line for many years is now known to be different. What can we do to save our gardens

Perceived line was stone wall built by neighbor. We cleaned and gardened up to wall 8 years ago. New line couple feet on our side can we save our gardens new owner wants them taken away

0 Answers | Asked in Land Use & Zoning for Oklahoma on
Q: I live in Cheyenne ok the City inspector is using deceased people property against me on the 75% approval for mobile Ho

Nobody else in the town has cement foundation ,hard surface drive way or an open or enclosed carport connected to their mobile homes they are grand -fathered in they said but I'm suppose to follow rules to the T

0 Answers | Asked in Agricultural Law, Environmental, Gov & Administrative Law and Land Use & Zoning for Alabama on
Q: I own a tap house in Calhoun County, Alabama. I have a beer/wine license, but no health inspections, food permits, etc.

Can I allow patrons to bring food from other restaurants, order food for delivery, etc, and not be subjected to health department enforcement?

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: Contract company used my outdoor water faucet with their system to water new install even though responsibility is on me

The contract I have for my townhome states I am responsible for the lawn upkeep for the small part that I have in-front of my home, however, the contractors removed my water solution and put their own up which caused my bill to skyrocket way past what we were comfortable with. Basically is there... 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 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 »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In Georgia if a undeveloped right of way is designated to be a private way thru easement by necessity, can it be gated?

The ROW is owned by the county & prevents access to a land parcel of record.

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