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Land Use & Zoning Questions & Answers
0 Answers | Asked in Land Use & Zoning, Real Estate Law, Criminal Law and Civil Rights for Tennessee on
Q: Stalking harassing neighbor

I have a neighbor who I think was trespassing on our land for a long time..then when we cleared trees and started to develop a dwelling the neighbor has done the following: rising atvs all day up and down the front of our property on a road right in front of us for hours on end. They cleared trees... Read more »

2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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0 Answers | Asked in Land Use & Zoning for North Carolina on
Q: My dad passed away a year ago he never got the chance to put the land I’ve been living on for 15yrs in my name he had no

Will but me like a dummy let her be in charge she’s took all my dad’s money from bank account still living in my dad’s home because she’s using his money to pay bills so anyway she has left a bunch of junk here for over a year it’s causing rats etc so I packed it up and took it to... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael Pagan
Rafael Pagan answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... Read more »

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Minnesota on
Q: How to see if I qualify to make an adverse possession claim?

My boyfriend and I are trying to buy his grandparent's house. It was built in the early 80s. The grandpa originally bought two plots of land side by side. They are both 10 acres. In the early 2000s, the grandpa built a pole barn on the edge of the left property on the east property line. It... Read more »

0 Answers | Asked in Real Estate Law, Gov & Administrative Law and Land Use & Zoning for West Virginia on
Q: under WV law, what happens to railroad ROW's after the railroad is abandoned and severed from the national rail line?

Specifically B&O's 1979 abandonment of 28.75 miles of track from Hartland to Reamer WV. which has been used as a road for the past 40 yrs. After the abandonment landowners sold off acreage into lots and homes and camps were built. This road runs along the Elk River and is the only access... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: 3 of my 6 acres has been used by a neighbor for timber sales without my knowledge. Property is also landlocked. Options?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

So you're talking about theft of your timber? If so, the options would be to call the police to initiate criminal charges and/or to file suit for your economic losses. Don't know why you think being landlocked is an issue.

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I bought a home in Ohio in 2019, the yard was fenced on both sides, but neither fences are on my property.

Now one of my neighbors want to take down my fence and put up his own. Does he have the right to ask me to take down the fence?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2021

Nothing stops him from asking. Work it out with the neighbors, or get a boundary survey to confirm where the property lines are, and then use the Find a Lawyer tab to retain a local real estate attorney to review the survey plat and advise you of your options.

0 Answers | Asked in Contracts, Civil Litigation, Land Use & Zoning and Landlord - Tenant for Colorado on
Q: Is it legal for the landlord-defendant to seek possession after a complaint is filed against them?

Regarding a $500,000.00 civil suit against a landlord for breaches of lease, warranties of habitability, and covenant of quiet enjoyment, among others. The landlord-Defendant's only counterclaim was for possession, on the grounds that no contract existed because the lease had expired; however,... Read more »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: How close to my back property line can a public road be built?

A purposed subdivision is suggesting that a road be built 10' from my property line which would sandwich my home between 2 public roads.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I'm not sure what to say , I sent you a email not long ago . I'm 70yrs old and I own my house an land.

I've been served papers from the owner next-door to me is suing me about my property. there's a lot more issues with this.

Charles M.  Baron
Charles M. Baron answered on Sep 7, 2021

If you mean you directly sent an email to someone about your legal issue, you cannot re-contact that person by posting to the Justia site. You instead must contact that person directly. Or do you instead mean you previously posted your issue on the Justia site but no one responded? If you mean... Read more »

0 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Nevada on
Q: Can this statute apply to short term rentals of a residence in a common-interest community?

CC&Rs restrict properties to "residential use only"

1 Answer | Asked in Municipal Law, Agricultural Law and Land Use & Zoning for Maryland on
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?

I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »

0 Answers | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Do I need a business license in Modesto CA to rent rooms out to low income /month (not short term rental)?

I am a landlord that provides affordable housing to clients with behvioral health/mental issues and disabilities. Code enforcement served me with a code violation for no business license. I do not provide any services to residents and am not classified as a residential care facility. Tenants are... Read more »

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Can planning and zoning tell you that you have to put in sepic when I have a engineer design a system for the sink water

Want to go with composting toilet and they said that I have to site build. Can they really tell me what I can do or build on my property????

0 Answers | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Construction Law for New Jersey on
Q: Trespassing neighbors and encroachments. What should I do?

I recently purchased a property in which my property line goes over a foot into the side of my neighbors house (very rare situation). They have an easement in the driveway because their house starts where mine ends. There is a walkway to the side of their home with no easement and they continuously... Read more »

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