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Land Use & Zoning Questions & Answers
0 Answers | Asked in Personal Injury, Real Estate Law, Environmental and Land Use & Zoning for Georgia on
Q: In 2012 we moved to Georgia on 5 acres zoned agricultural. In 2015 a peanut factory moved next door making seed.

We were ok with it until they started making peanut butter then they removed 90% of trees along our property line and put another building up and now they are roasting peanuts with the smoke stack less then 50 feet from our property. We have to keep our doors and windows closed. Cars and shops... View More

0 Answers | Asked in Estate Planning, Land Use & Zoning, Landlord - Tenant and Municipal Law for Puerto Rico on
Q: What happens if you don’t pay CRIM Puerto Rico? Can I have the government take the house at leaf my sister and I part?

My sister and I inherit an house that’s really our grandmothers. Though, dad passed away last year. Aunt wants to make a new declaration of heirs. As well sell the house that is being rented. Dad was the head that house prior to death and never mentioned anything about CRIM that he had to pay... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: What do I do if a buyer of a house trailer will not move off of my property or transfer title to their name.

I sold a house trailer 5 years ago the buyer has not moved the trailer off of my property or has transfered title to their name. I have contacted several times and have either got the run around or never would hear from them. I want to know what I can do. I have heard I can charge them rent or... View More

0 Answers | Asked in Land Use & Zoning for Virginia on
Q: my towns zoning admin is selling his property. he removed a zoning ordinance that required him to have off street parkin

I live next door and will have tenants parked in front of my door 24/7.

0 Answers | Asked in Land Use & Zoning for Ohio on
Q: Should we pursue this property line dispute against the city in order to repair a falling retaining wall?

My husband and I own property which borders the city. This property line has a retaining wall and a fence with very little (less than 3 feet) space from our garage. We don't know who owns the retaining wall and fence nor does the city claim to know. The retaining wall is falling onto our... View More

0 Answers | Asked in Land Use & Zoning for South Carolina on
Q: Can Richland County SC building inspector enter property locked, gated & no trespassing signs posted.

Property was vacant while I was traveling. NO BUILDING or ANYTHING on 2 acre property is visible from the road! Surrounded by 8 foot high fence, with heavy vegetation. Building inspector entered property anyway. Cars and other personal items were stolen then workshop / studio demolished under... View More

0 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Nevada on
Q: I live in the house, l currently in foreclosure, the owner past away & everyone trying to claim my maintenance & Repairs

I have also have interest in the property and hold the keys. But people trying to claim ownership and take.over the property by parking their cars in the driveway, etc

0 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: We followed all rules for AC and now Neighbor doesn’t like. Can he sue and make us move?

Zoning has said the set back is to great, needs to be in back and installers say moving to where he wants it is to great for efficiency.

He rents all summer and his reasoning is it’s noise and unsightly. We put a fence around it, but with FEMA needs to be 3ft above on platform.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

Q: How to file a motion to dismiss against adverse possession case?

Hello,

I recently was served a lawsuit for adverse possession of my property. Thing is we clearly have enough evidence proving the plaintiff has no case (or so I believe). They claim they and their past relatives have been maintaining the property line for the last 15 years as hostile,... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Above ground propane tank is below SDGE electrical lines with easement. Please see details below.

I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine... View More

James L. Arrasmith
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answered on Jul 22, 2024

Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is... View More

0 Answers | Asked in Land Use & Zoning for New Mexico on
Q: New Mexico- Actively taking care of yard that is a utility easement for the last 40 years. Can we claim right of way?

The new neighbor has received a letter that they need to maintain the area but have not and we would like to continue to take care of it as we have for 40 years. Can we claim this as it is our drive way and not apart of the neighbors home in anyway.

0 Answers | Asked in Land Use & Zoning, Real Estate Law and Construction Law for Arkansas on
Q: In the process of buying a home, yesterday walked the property & discovered a grave stone where I want to build?

I am currently in the process of buying this home and we haven't seen any information about there being a gravestone. While walking the property I found it and it is actually right where I am wanting to build a horse riding arena. I found a name on the stone but can't find any information... View More

0 Answers | Asked in Land Use & Zoning for Ohio on
Q: After several failed attempts to have a yard sale my drunken neighbor filed public nuisance what is best defense?

My husband and I have never been notified of any court proceedings and the judge appears to have ruled in plaintiffs favor last Friday. However, I just came across this today while looking up cost for a traffic ticket my son received. We now have a contempt of court date for 8/11/2024. How is legal... View More

0 Answers | Asked in Land Use & Zoning for Oregon on
Q: 97386 can property owner come and move your stuff off of there property? I have been here since 2016

My ex did security as well as paid $600. Monthly. He moved and left me here. I am looking for a place to move my trailer and have most things packed. Owners are coming Saturday to move my stuff if I have no where to go they will take it to Dump. I Ask for 1 more week but they said no. No legal... View More

1 Answer | Asked in Immigration Law, Real Estate Law, Land Use & Zoning and Municipal Law for Pennsylvania on
Q: What lawyer do I need for house condemnation?

My house was condemned unfairly. It is not unsafe or unsanitary. My kids and I are now homeless. I appealed and have a hearing in August. City officials are saying I don't have a chance no matter what I do. Even if I do what they are saying is making it condemned. How can I fight this? I need... View More

James L. Arrasmith
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answered on Jul 18, 2024

You need to consult a real estate attorney who has experience dealing with property disputes and local government regulations. This type of lawyer can help you understand the specifics of your case, gather necessary evidence, and represent you at your hearing in August. They can also challenge any... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
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answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

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