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Land Use & Zoning Questions & Answers
0 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: Concerned about easement conveyance across multiple landowners in California. How to proceed with title insurance lawyer's draft?

I have been asked to approve a drafted letter by a lawyer hired by my title insurance company. The letter is about a conveyance of an existing ingress/egress access easement that involves access across three separate landowners' properties. This easement was previously recorded but seems to... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Missouri on
Q: Do I have recourse for neighbor's basement construction causing water runoff onto my property in Missouri?

I have a problem with a property owner next to me who is replacing their basement without water run-off protection like silt fencing. Water has run onto my property twice since the construction started. I documented these incidents with photos and videos. I've verbally asked the contractor to... View More

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Apr 21, 2025

There are potential causes of action you could pursue if the neighbor is diverting water onto your property and causing damage. Hopefully, a good letter from an attorney, pointing out the relevant law, would encourage your neighbor to remedy the problem so that both sides could avoid costly... View More

0 Answers | Asked in Land Use & Zoning, Gov & Administrative Law and Real Estate Law for Puerto Rico on
Q: Is it legal to grow a tobacco plant for personal use in Puerto Rico?

I live in Puerto Rico and would like to know if it's legal to grow a tobacco plant for personal use. I live alone and have not come across any local restrictions but haven't checked zoning regulations yet. I plan to inform local authorities and ask if it's allowed. Can anyone advise... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: What legal steps can I take to get an overgrown neighboring lot trimmed for safety?

I live in a rural area where a wooded lot next to my property is owned by a couple from another town. The lot is overgrown with trees, making it hazardous to pull onto the main road because it obstructs the line of sight for oncoming traffic. What legal steps can I take to have this property... View More

Camille Steadman Thompson
Camille Steadman Thompson
answered on Apr 17, 2025

Good Afternoon. If the overgrowth is located adjacent to the public road and in the right-of-way, you should be able to contact the local jurisdiction's street or road department and ask if they can clear it. Be sure to mention that it is a safety issue. Alternatively, some jurisdictions have... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I enforce Paragraph 9 allowing modular homes despite conflicting HOA covenant?

I own an empty lot in an HOA community in Texas. About ten months ago, the HOA amended the covenant restrictions. There are conflicting paragraphs regarding my lot. Paragraph 5 mentions that my lot is restricted to site-built homes only, according to Paragraph 4. However, Paragraph 9 states that my... View More

0 Answers | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: How can I address property maintenance issues and oppose a neighbor's zoning permit affecting parking in NJ?

I am having issues with my neighbor, who owns a two-family building. They don't maintain their property, letting the grass grow excessively, leaving the fence between our homes in disrepair, and allowing bags of trash to accumulate. I've recently received a letter from their lawyer about... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Louisiana on
Q: How to pursue compensation for removal of a historical tree by the parish?

I have a 100-year-old sycamore tree on my property that the parish wants to cut down because it interferes with their project. I'm concerned about compensation for the removal, especially since the tree is considered historical. I've not made any efforts yet to negotiate or discuss this... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s understandable that you’d want to protect or be compensated for a tree with that kind of age and significance. In Louisiana, if a local government (like a parish) removes something from private property for a public project, it may be considered a “taking,” which could entitle you to... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a utility box be placed on a ZLL firewall despite restrictions?

I own a zero lot line (ZLL) property, and my neighbor has a utility box attached to their side wall along the ZLL property line. This wall was described as a "no openings" firewall, where nothing should extend beyond. However, the utility company claims they can place the box due to an... View More

James L. Arrasmith
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answered on Apr 12, 2025

It sounds like you have a valid concern, especially with the utility box being placed on a zero lot line property where there are specific restrictions. In Florida, easements can sometimes allow utility companies to place infrastructure on property, even if local codes restrict certain structures... View More

1 Answer | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Illinois on
Q: Can permits allow public access to private property without permission in Illinois?

I own two properties, and on two occasions, permits were allegedly sold by a city representative that supposedly allows public access on my private property without due process or compensation. While the city claims these permits do not allow public access, local police refused to address... View More

James L. Arrasmith
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answered on Apr 12, 2025

If permits were sold without your consent, this could be a violation of your property rights. In Illinois, private property owners generally have the right to control access to their land, and any public access would typically require legal procedures, such as easements or eminent domain, both of... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for West Virginia on
Q: Can I take legal action to mandate a drain installation and seek compensation for parking lot damage?

I own a property next to a parking lot, and vehicles have caused damage to my retaining wall by pushing wheel stops against it. Additionally, stormwater flooding has worsened under my sidewalk and building due to the parking lot's slope and lack of a storm drain, confirmed by my... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on property law principles applicable to your situation, you may have viable legal claims against the adjacent parking lot owner under theories of nuisance, trespass, and negligence. When a neighboring property causes water to flow onto your land in an unnatural manner or at increased volume,... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Consumer Law for Arkansas on
Q: Are real estate agents obligated to confirm buyer's info and development plans for property sale?

I am concerned about the sale of property next to mine, as it may affect my access to the main road, potentially leaving me landlocked. The real estate agent involved seems questionable, offering plans to transform the area into a lake or resort, or even a drug and alcohol rehabilitation center,... View More

James L. Arrasmith
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answered on Apr 11, 2025

Your concerns are completely valid, especially when potential developments may affect your property access and the safety or character of your neighborhood. In Arkansas, real estate agents are not legally required to confirm the buyer’s personal details or specific future plans for the property... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Can I be charged for a past driveway widening in Clark County, WA?

I bought a house in Clark County, WA in 2021, which had a widened driveway on a county road leading to my house. Recently, I received a letter from the county stating that, based on Google Earth images from 2016, the driveway size has changed, and I need to either pay for a permit or return the... View More

James L. Arrasmith
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answered on Apr 12, 2025

It seems that the county is concerned about an unpermitted modification to the driveway that might affect the easement or right of way for the county road. If the driveway was widened without the proper permits or approvals, the county could require you to either restore it to its original state or... View More

1 Answer | Asked in Agricultural Law, Real Estate Law and Land Use & Zoning for Kansas on
Q: Can I deny my neighbor access to a sewer on my property in Kansas?

I own a farm, and a sewer line runs through my property. My neighbor wants to sell their adjacent land to a developer, but I would like to purchase the land myself. There are no existing easements or legal agreements regarding access to the sewer, and my neighbor expects a higher price than I am... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Kansas, if there is no existing easement or legal agreement granting your neighbor access to the sewer on your property, you generally have the right to control access to it. However, the situation could become more complex if there is any implied easement, or if the sewer line has been in place... View More

Q: Can a Board Certified Naturopathic Doctor open a wellness clinic in Georgia?

I am a Board Certified Naturopathic Doctor planning to open a wellness clinic/spa in Georgia. I intend to offer services such as biofeedback, sauna, red light therapy, footbath, live blood analysis, and supplements. I don't have permits or zoning concerns yet, but I'm curious about the... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Georgia, a Board Certified Naturopathic Doctor (ND) may face certain restrictions when it comes to opening and operating a wellness clinic or spa. While naturopaths are recognized in some states, Georgia does not currently have laws that fully recognize or license Naturopathic Doctors in the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Need help with daycare zoning application in NJ

I am planning to operate a daycare and need zoning approval. I would like assistance with both the preparation and submission of the zoning application. I am aware of the zoning classification for the intended location but need guidance on specific requirements and restrictions for daycare centers... View More

James L. Arrasmith
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answered on Apr 12, 2025

To establish a daycare in New Jersey, you'll need to navigate both zoning and licensing requirements. Here's a step-by-step guide to assist you:

**1. Confirm Zoning Compliance**

Start by contacting your local municipal construction official to verify that the property is...
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1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Real Estate Law for Illinois on
Q: Homeowner rights to be informed about park developments in Illinois

As a homeowner directly across the street from a newly constructed splash pad in our village park, do I have any rights to be involved or informed about such developments? The village board did not provide me with any formal notifications or invitations for public meetings regarding this project,... View More

James L. Arrasmith
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answered on Apr 12, 2025

As a homeowner, you have a right to be informed about local developments, especially if they could directly impact your property or quality of life. In Illinois, many municipalities have ordinances that require public notice and participation for projects, especially those that involve changes to... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Mexico on
Q: My father sold one acre of his ten acres of land to a county assessor and he signed all of the 10 acres to himself.

My father was not in the presence of a notary to do this transaction. He had no idea the guy was going to sign the whole property deed to himself.

James L. Arrasmith
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answered on Apr 12, 2025

It seems like your father might have been a victim of fraud or an error in the property transaction. If the deed was signed by someone other than your father without his consent or knowledge, this could be a serious legal issue. Since your father was not present with a notary, the legitimacy of the... View More

2 Answers | Asked in Land Use & Zoning, Employment Law and Real Estate Law for Kentucky on
Q: Can a church hold concealed weapon classes close to children?

I live two feet from a small congregational church in Corydon, KY. The owner of the church is conducting concealed weapon classes in addition to church services. I am concerned because these classes are held very close to where children reside, and there are certain zoning codes that must be... View More

Timothy Denison
Timothy Denison
answered on Apr 2, 2025

Yes. They can as long as they are in compliance with all federal, state and local laws and regulations concerning the various activities.

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: House encroaches on golf course easement; buyer concerns in TN. Options?

I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More

Anthony M. Avery
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answered on Mar 29, 2025

You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: Legal rights to move neighbor's sewer line off my property in Colorado?

I removed the garage from my property, intending to rebuild on the same site. However, I discovered that the neighbor's private sewer line runs through this location, under the old garage foundation. I own parts of lots 1 and 2, and the sewer line seems to follow the original property line... View More

James L. Arrasmith
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answered on Apr 12, 2025

You have the right to ask your neighbor to relocate the sewer line if it runs through your property without an easement. Since there are no recorded easements, the sewer line may be considered an encroachment on your property. In general, without a formal agreement or legal right to use your land,... View More

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