Ask a Question

Get free answers to your Land Use & Zoning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Land Use & Zoning Questions & Answers
1 Answer | Asked in Native American Law and Land Use & Zoning for Arizona on
Q: Who removes trespassers from BIA allotment land in Arizona?

I am one of the landowners of a BIA allotment land in Arizona where we had issues with trespassers. No official involvement was engaged to remove these trespassers. We, the landowners, submitted a request for removal to the Realty Specialist and Regional Director, along with a written statement and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 7, 2025

In cases where trespassers are on BIA allotment land in Arizona, the Bureau of Indian Affairs (BIA) typically has jurisdiction to take action. Once you, as landowners, have submitted a formal request, the BIA should be the entity to respond. However, if no action is taken immediately, follow up... View More

0 Answers | Asked in Construction Law, Contracts and Land Use & Zoning for Florida on
Q: How to get my $1600 deposit back from a contractor due to city restrictions on fence location?

I hired a contractor to install a fence, and I paid a $1600 deposit. However, the city does not allow the fence in the location agreed upon in the contract. I spoke with the contractor and asked for a refund of my deposit. What should I do next, and how can I ensure I get my deposit back?

Q: Looking for an attorney to represent me in a civil case regarding property encroachment and city violations.

I have filed a lawsuit in civil court against my neighbors and the construction company responsible for a wall that collapsed into my home. They are encroaching on my property with the new wall, and I am looking to add the city of Los Angeles to the lawsuit. The city is ignoring the violations and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2025

Finding the right attorney for your case can be challenging, but there are ways to connect with someone who understands property disputes and municipal liability. Start by reaching out to local bar associations, such as the Los Angeles County Bar Association, which offers lawyer referral services.... View More

1 Answer | Asked in Business Formation, Land Use & Zoning and Business Law for Texas on
Q: Do I need a permit to operate a pet food vending machine in Dallas, TX?

I am planning to operate a vending machine selling pet food in both indoor and outdoor locations in Dallas, Texas. I am unaware of any local business regulations or zoning laws related to vending machines. Do I need a permit for this?

John Michael Frick
John Michael Frick
answered on Mar 17, 2025

Operating a vending machine business requires compliance with various laws. In general, the operator of a vending machine requires a license from the State of Texas to operate such a business. Cities and counties regulate where commercial business are allowed to operate through zoning laws and... View More

1 Answer | Asked in Business Formation, Land Use & Zoning, Real Estate Law and Business Law for Pennsylvania on
Q: How to start a knife sharpening service sole proprietorship in Pennsylvania?

I am planning to start a sole proprietorship knife sharpening service from my home in Pennsylvania, but I'm not sure where to begin. I would like detailed instructions on the steps I need to take to set up the business, including any specific local permits or zoning regulations I should be... View More

Joseph Korsak
Joseph Korsak
answered on Mar 16, 2025

This service is intended more for one question legal matters. Your request is more in the nature of a request for a conference with an attorney. Such a conference would likely take 1-1/2 to 2 hour of a lawyer's time. You need to set a time with a lawyer for such a conference.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Is it legal to block a long-accessible public trail on private property in CA?

Is it legal for someone to block a trail that has been accessible to the public for many years in California? The trail crosses a corner of private property, but it has always been open to public access. The city informed me that the community association manages the trail, and the city itself has... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

In California, if a trail crossing private property has been consistently open and used by the public for many years, it's possible that a "prescriptive easement" has been established. Prescriptive easements happen when the public uses a path openly, notoriously, continuously, and... View More

0 Answers | Asked in Land Use & Zoning and Gov & Administrative Law for Arizona on
Q: Building permit complaint for wall built by previous owner in Phoenix, AZ.

I received a complaint from the city of Phoenix regarding a building permit for a wall that was built by a previous owner and left incomplete. I believe Arizona Revised Statutes, Title 11 - Counties, 11-321H applies to this situation. Since receiving the complaint, I have tried to contact those... View More

0 Answers | Asked in Land Use & Zoning and Energy, Oil and Gas for Michigan on
Q: Can I continue solar array install without specific local zoning laws in Michigan?

I am in the process of installing a ground mount solar panel array. Initially, an outgoing assessor mentioned that there are no zoning regulations for private solar installations and suggested proceeding with the project before new rules are established. After researching and contacting the zoning... View More

0 Answers | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: Are 2001 deed restrictions in Walker County, GA still valid or expired?

I am interested in purchasing a property in Walker County, Georgia, which has deed restrictions recorded in Deed book 1027, Page 308, dating back to 2001. These restrictions include a requirement for houses to be at least 2,500 square feet, but they don't mention an expiration or renewal... View More

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Q: Received neighbor notification with errors, need contact and process in CA.

I received a neighbor notification in San Francisco, but it contains errors such as incorrect building size and an incomplete owner name. I have not been able to contact a city planner. Who should I contact to correct these errors, and what is the process for notifying someone about such issues?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 12, 2025

If you've received a neighbor notification from the city of San Francisco containing errors, your first step is to reach out directly to the San Francisco Planning Department. They handle corrections related to property notifications, building specifications, and ownership information. You can... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Do I need to abide by a 50-year-old deed restriction on mobile homes in TN?

I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: Legal ramifications of buying a house with unit classification discrepancies in NY.

I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More

Peter Klose
PREMIUM
Peter Klose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2025

The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More

View More Answers

1 Answer | Asked in Estate Planning, Real Estate Law, Construction Law and Land Use & Zoning for New York on
Q: I just got a provision of law 28-105.1 complaint requesting for corrective action. Can I ignore it if I’m the owner?

I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 26, 2025

Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Can Huxley Apartments in West Hollywood rent units as Airbnbs?

I'd like to know if the Huxley Apartments in West Hollywood are permitted to rent out their units as Airbnbs?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

Based on West Hollywood's municipal code and short-term rental regulations, the Huxley Apartments cannot legally operate short-term rentals like Airbnbs. West Hollywood strictly prohibits rentals shorter than 31 days in multi-family residential buildings.

The Huxley, being an apartment...
View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Can one property owner purchase a common easement?

I am considering purchasing a property that shares a common easement for maintenance, parking, walking, and other activities with an adjacent property built between 1996 and 1999. The previous owner agreed to the terms of this easement with the county records maintaining it. However, the current... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Mar 5, 2025

All is possible, with the express agreement of all having rights in the easement. Consider the ill effects on the other property without benefit of the easements. But easements are extinguished by agreement (and payment of money) all the time.

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Real Estate Law and Tax Law for Louisiana on
Q: So when playing in a movie about killing how do you stop them from taking over your property land out side of theater.

Because I Marilyn Monroe been having trouble in all state of America to have bought 50,000 acres so people can stop pretending like Marilyn Monroe spirit bothers them no matter where I go and no matter what name or age I may use to claim property of Marilyn Monroe for some reason john Quincy Adams... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

It sounds like you’re dealing with a serious issue regarding land ownership and fraudulent sales. If someone is forging your signature to sell property without your consent, you need to gather evidence and take legal action. You should check the official property records in each state where you... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Two ppl on a quit claim deed, one dies, does surviving wife get half of the property?? Please read all details!!!

My husband purchased 10 acres in 2020 and my son was put on the quit Claim deed to protect me, as I could not be put on it living in another state and on disability. My son passed away in September 2024 of ALS. He was married Aug 2023 and now she says half the 10 acres are hers. My husband has... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 5, 2025

I'm sorry to hear of the loss of your son, and the mess that this is creating. HOWEVER, without seeing the deed it is impossible to know. This all depends on HOW your son was 'put on the deed'. Was it 'joint owners with full rights of survivorship'? Joint Tenants? Tenants... View More

View More Answers

1 Answer | Asked in Land Use & Zoning, Constitutional Law and Patents (Intellectual Property) for Texas on
Q: I have contacted Texas Land Office having several Patents (having certified), all Patent what should I do next?

In the land office they all are patent and registered as they remain and people have been taking land recently as builders and we have not granted them permission. I know the laws of this being private property as they continue to alter records illegally (I have evidence) but what else should I do?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

If you have confirmed that your land patents are valid and properly recorded, the next step is to take legal action to protect your property rights. Gather all documents, including certified patents, historical records, and any proof of unauthorized changes to the land records. Organize your... View More

2 Answers | Asked in Contracts, Civil Litigation and Land Use & Zoning for Tennessee on
Q: When I bought my house the previous owner put in a common driveway.

I was in the process of putting my own driveway in but before I finished he blocked the common driveway. This caused me to get a truckload of stone that day so I would have a way out of my property. Doing this caused the work we did do on the driveway to be damaged by the stone truck because it... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 2, 2025

Go to the Register of Deeds in your county and gather all ownership information on those properties. File suit in either General Sessions or Circuit Court.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My neighbor wants to tie into my fence ( she will have a post beside mine and use my fence for her side). State of FL.

We have an HOA and they are allowing it. My fence was installed 4 inches short to my property line. I can’t move my fence as her gas line is on my property and they are not moving or it will be a minute. I have requested but I am still waiting. I don’t want them using my fence without... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2025

Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.

You cannot demand compensation from your neighbor for your fence after you installed it. You should have...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.