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Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning, Real Estate Law and Traffic Tickets for Maryland on
Q: I live in a private neighborhood and an individual who is not a resident stores his vehicles infront of my property 24/7

Minimum of 1 car but up to 3. They are left there from 1 week up to 4 months. The roads are owned by the county not the HOA. So far all I can do is have them tagged as abandoned at which time the owner is notified and moves the car for 1 day and then returns it. I have to believe this is illegal... Read more »

Richard Sternberg
Richard Sternberg
answered on May 29, 2023

You might need to hit the books better or retain someone who can. I recall reading something that limited parking on public roads to a time limit unless the road was adjacent to your home, but it might have been Montgomery County Code. The County and incorporated city codes are often unindexed and... Read more »

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0 Answers | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

3 Answers | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I own a home that was quit claimed to me by my mother a few years ago. I am in the process of selling the home

Do I need to get title insurance on the quit claim deed before conveying the home to another entity?

Anthony M. Avery
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Anthony M. Avery
answered on May 26, 2023

Who are you trying to protect? Little late for title insurance now as you have owned property for awhile. Let buyers protect themselves, their title search should tell if your title is bad, and you cannot convey.

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1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Kentucky on
Q: Can I have my neighbors dog removed, or them fined for the damages inflicted on my vehicle ?

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... Read more »

Timothy Denison
Timothy Denison
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.

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Tennessee on
Q: I own a farm inside of a city. They have changed the zoning from agriculture to residential without my knowledge.

I still farm the land and the city says i can not build a new barn. Can they rezone my land?

Anthony M. Avery
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Anthony M. Avery
answered on May 25, 2023

You should have been notified of the zoning change. A zoning request might have to made with Williamson County after you examine your local zoning ordinances and procedures. Otherwise hire an attorney to file difficult Declaratory Judgment or Writ of Certiorari suits in Chancery. Owning farms... Read more »

0 Answers | Asked in Land Use & Zoning for Maine on
Q: How far from the edge of the road is public and/or state owned

Neighbor is threatening to call the cops for our dog going to the bathroom on his side of the road (even though it is picked up). His house and yard sits aways from the road aswell.

0 Answers | Asked in Land Use & Zoning for Texas on
Q: Our side fence is 3in. inside our property line. Can we tell our neighbor they can't hook on to our fence on our propert

Can our neighbor hook their fence on to our fence, being our fence is 3 inches in on our property. Do we have the legal right to tell them they can not come on our property and hook on to our fence? Denison TX.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How to cancel a right of way given to the county? I canceled real estate project. No money given or work done by anyone.

I was required to grant a right of way dedication for a project at the entrance of my land to the county. I have canceled the project. I was required to sign a quitclaim deed to get the project approved. I have canceled the project and plan to sell. The right of away is not needed anymore. It... Read more »

Peter J. Weinman
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answered on May 23, 2023

Assuming it was recorded (which would have been required to obtain the approval), you cannot cancel a conveyance and you will need the county to convey it back to you.

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I am answering this question from my New York Perspective.

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for New Mexico on
Q: I found property but I have done research and have found out that the man who lived there has passed away in 2018,and

Apparently he didn't have any kids people that he would have left it to as far as I've been told it's been vacant for a very long time and nobody's really done anything except for them putting a sign that says substandable with black letters on the board that says no rest not... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 22, 2023

Hire a NM attorney to search the title, then check on tax payments. An heirship determination will have to be made. If no tax sale or foreclosure is imminent, then try to purchase a Deed from all tenants in common heirs. Property may not be worth the trouble.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I have a deed that shows restrictions of covenants from 1950s. Are these law binding today if nothing has been filed?

No cutting of shrubs, house has to be finished in a year. No commercial or business use are some items. We are a non hoa neighborhood but are a civic association

Richard Sternberg
Richard Sternberg
answered on May 20, 2023

I've had a couple of those cases, and it really depends on what the covenant says and, sometimes, how the caselaw interprets events like the abandonment of a civic association, There is no way to avoid a legal review other than to make whatever assumptions you like best and then pay more if... Read more »

0 Answers | Asked in Land Use & Zoning for Ohio on
Q: In 2019 our City's ordinance was struck down in a U.S. District Court in Toledo. Yoder v City of Bowling Green. The

ordinance limited unrelated renters to no more than 3 in a single family house. The judge said it was arbitrary. The judge said 1 per bedroom should be allowed. His order was never codified. Now the City is codifying it but it does not strictly follow the judge’s order. The new code... Read more »

0 Answers | Asked in Real Estate Law, Environmental and Land Use & Zoning for New Hampshire on
Q: I bought a piece of land last year. If I did not alter it am I responsible for neighbors drainage and flooding?

Previous owner cleared it. Neighbor down the hill says the culvert needs to be bigger and better drainage put in. Although they have no evidence of flooding on their property. Just a grudge with the previous owners. They also started digging a trench on my property a few months ago without... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor rehabilitate squirrels in our HOA community?

I am a home owner in an HOA community in Virginia. My next door neighbor is rehabilitating squirrels in his home and in his backyard. He has a permit and a license through the Department of Wildlife, yet our HOA regulations state: "No non-domesticated animals, unlicensed or undocumented... Read more »

Peter J. Weinman
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answered on May 17, 2023

I'm not licensed in your state but from my NY perspective, it's possible that a licensed wildlife rehabilitator might not be considered as having "raised, bred, or kept" the animals in the same sense as a pet owner would since the goal of rehabilitation is to return animals to... Read more »

0 Answers | Asked in Copyright, Estate Planning, Real Estate Law and Land Use & Zoning for Mississippi on
Q: I have purchase a Factor-built home, and the City Inspector will not let me bring the home into the town. What Can I Do?

Telling me you cannot bring Factor-built home on wheels, in the town. Well how can you get it here, on a flatbed, truck that is still wheels, The salesman, said they will take the Factor-built home off the wheels and home will be on concrete stills. I need help. Can you help me. I have been approve... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning for Massachusetts on
Q: No Tittle No Registration.

My Grandmother left 2 lands in PR to 4 siblings more then 50 years ago. My mother was leaving in one of the land and my uncle build a house in the second land. All siblings has deceased. I went to PR to find out under who's name was both lands. Theres no record of registration couldn't... Read more »

Lillian J. LaRosa
Lillian J. LaRosa
answered on May 15, 2023

It sounds like the first step would be to contact a real estate attorney In Puerto Rico to see if there is real estate still owned by your grandmother. If there is, then the next step would be to determine where your grandmother was a resident at the time of her death as the law of the State of... Read more »

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