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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

2 Answers | Asked in Land Use & Zoning and Gov & Administrative Law for California on
Q: What is a citizen's recourse when a city takes actions that are in contravention of California Government Code?

City of Novato has approved or has pending three requests for developer's entitlement to density bonus under AB 2011, in violation of Gov Code Section 65583.2. No demolition has commenced at project sites.

Robert Kane
Robert Kane
answered on Sep 23, 2024

I suggest you quickly contact and organize other citizens that share your concern. Where city is in the process will dictate how you and the others proceed. If you haven't already, contact your elected officials.

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Alabama on
Q: may I put a mobile home on my property and rent it out?
James L. Arrasmith
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answered on Sep 18, 2024

You can potentially place a mobile home on your property and rent it out, but there are several factors to consider first. Local zoning laws play a big role in determining what can be placed on your land and how it can be used. Some areas may restrict or prohibit mobile homes, while others may... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Q: What are my rights if a public road easement is on my property? As in a road cuts through my land with an easement.

I have a piece of land that is crossed by an abandoned railway easement. I have a description that says the south right of way of the railroad is also a public easement. What rights and responsibilities do I have, and who gets to use the easement and for what purposes?

Anthony M. Avery
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answered on Sep 13, 2024

You can file a Declaratory Judgment action to have the Easement declared abandoned and not constituting a property interest any more. But you will lose.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
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answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
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2 Answers | Asked in Child Support, Divorce, Land Use & Zoning and Real Estate Law for California on
Q: Getting divorce bought a house living for 15 years split the mortgage now with divorce don’t I get half of the house

She put her and her dad on the house we remodeled and I been paying half the mortgage with her the whole time the house is also worth 200000 than what we bought it for

Manuel Alzamora Juarez
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answered on Sep 11, 2024

Your attorney should be able to request half of the equity on the marital property.

Not quite sure about your statement regarding her parents.

Did she put them on the property ‘s title?

Or did she just allow them to live on the property?

If the first? Then , At...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Q: Angry neighbor moved survey rebar and fence, with concrete. Can I remove fence destructively (necessary) without notice?

I share 500 foot property line with 6 neighbors in a plat. I am unplatted.

I permitted a possible fence encroachment to stay where at until I recind permission. Had surveyor that created plat recheck markers in 2017, there was no encroachment.

Over the last year three neighbors (2... View More

Anthony M. Avery
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answered on Sep 11, 2024

You have a disputed boundary. Hire a WA attorney to file suit. Your surveyor will be your expert witness. If you wait too long, you acquiesce to the others' asserted and ascertainable boundaries, and lose part of your property.

1 Answer | Asked in Real Estate Law, Antitrust, Constitutional Law and Land Use & Zoning for California on
Q: What are the limitations (if any) applied to an unincorporated American nation pursuant of right to conquest?

Due to fraud and semantic deceit, parents were coerced into signing their children into the corporate slave system. Then through Naturalization the people have claimed the status (US Citizen) themselves,unbeknownst of the totality. By maintaining my American Principality and information to the... View More

James L. Arrasmith
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answered on Sep 9, 2024

The idea of an "unincorporated American nation" and rights to conquest, as you describe, isn't recognized under current U.S. law. The United States operates under federal and state legal systems that govern all individuals and entities within its territory. Claims of sovereignty or... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: a neighbor is wanting to sign some land over to me. i looking for info on how to proceed.
Anthony M. Avery
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answered on Sep 9, 2024

Hire an IL attorney to search the title and draft the Deed.

1 Answer | Asked in Business Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Maryland on
Q: Does the operation of a family child care home in Maryland constitute residential use as opposed to commercial use?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

These kinds of zoning questions are usually county specific. Additionally, even where a state or local law does not prohibit the operation of a home day care this does not mean that the home owners association does not have limitations in its bylaws or declarations. So you my want to check into... View More

2 Answers | Asked in Real Estate Law, Admiralty / Maritime, Civil Rights and Land Use & Zoning for West Virginia on
Q: I live on a small island in the middle of the river in a tree house how do I obtain an address so I can get assistance 9

911 refuses to give an emergency address and gets aggressive when I ask ive been here 4 years now

Anthony M. Avery
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answered on Sep 5, 2024

Try bringing up to your County Commission.

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1 Answer | Asked in Family Law, Federal Crimes, Land Use & Zoning and Probate on
Q: ive been being robbed by my family members and non family of money property and tribal enrollment monies. ineed help?

i am Rincon indian from 92082 area pechanga and pala indian on paternal side & apache and arapaho on maternal side new mexico

James L. Arrasmith
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answered on Sep 5, 2024

It sounds like you are dealing with a very difficult and serious situation. Being robbed by family members or others, especially when it involves money, property, and tribal enrollment funds, is a violation of your rights. You have every reason to feel upset and to seek justice.

The first...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Neighbor had recent property line survey. Saying my driveway is on their side.

I have been in my home for over 30 years. The previous owner put in a driveway. (about 40 years ago)

My next door neighbor who moved in 18 years ago decided to recently survey the property. Told me my driveway is on their side. May want a section broken off. What are my rights?

James L. Arrasmith
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answered on Aug 29, 2024

In California, you may have legal grounds to keep your driveway where it is due to a concept known as "adverse possession" or "prescriptive easement." Since the driveway has been in place for over 40 years, and you’ve used it openly, continuously, and without the... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: I have purchased land, was given a quick claim deed. However I am trying to sell the land,

Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options

James Clifton
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James Clifton
answered on Aug 29, 2024

In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: Is there long term parking allowed in an easement in San Diego County?
James L. Arrasmith
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answered on Aug 24, 2024

In San Diego County, parking long-term in an easement can be complicated. Easements are generally designated for specific uses, like access or utilities, and parking could interfere with those purposes. If an easement is intended for access, long-term parking could violate the terms of the easement... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: southern california edison wants me t move my fence 8 ft from the transformer.

it was a vacant lot and transformers was already there. i went through the realtor and the builder. I had no say so where I put my fence. i asume everything was on th up and up.

James L. Arrasmith
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answered on Aug 20, 2024

It sounds like you're facing a challenging situation with Southern California Edison regarding your fence. Since the transformer was already on the lot when you purchased the property, it's understandable that you assumed everything was in compliance. However, utility companies often have... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: During a storm a tree on my side of the property fell and hit my neighbors property what to do?
Michael David Siegel
Michael David Siegel
answered on Sep 13, 2024

Take pictures and call you insurance company. You should be covered if there was damage to the neighbor.

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How to create an easement road agreement, from property owner to others?
James L. Arrasmith
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answered on Aug 19, 2024

To create an easement road agreement, start by identifying the parties involved, including the property owner granting the easement and those receiving the benefit. The document should clearly describe the specific portion of the property that will be used as the easement and outline its intended... View More

1 Answer | Asked in Family Law, Elder Law, Land Use & Zoning and Probate for Puerto Rico on
Q: How soon after a parent's burial, does it take to disburse with their assets if there is a will.

I am unsure if my mother left a will (chances are she did), but how soon after her burial does it take to disburse with the house that was originally purchased by both parents around 1970, but then the father passes away? In this scenario, I understand that the house's worth is split 1/2 to... View More

James L. Arrasmith
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answered on Sep 2, 2024

In Puerto Rico, the process of disbursing a deceased person's assets, including real estate, depends on several factors, including whether a will exists and the specifics of the inheritance laws. If your mother left a will, the process to distribute her assets can only begin after the will is... View More

1 Answer | Asked in Family Law, Elder Law, Land Use & Zoning and Probate for Puerto Rico on
Q: How do I file a lien against the sale of my deceased mother's home before it is sold by my siblings.

1. The house is in Jardines de Country Club in Carolina, Puerto Rico, 4 bedrooms, 3 baths, needs work and may be estimated to be worth an estimated +/- $150,000.

2. My siblings have cut me out of communications regarding my mother so this is why I believe placing a lien on the house would... View More

James L. Arrasmith
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answered on Sep 2, 2024

To file a lien against the sale of your deceased mother’s home in Puerto Rico, you would need to establish your legal right to a share of the property or the estate. Since you believe your siblings are excluding you from communications and possibly from any proceeds, you should start by... View More

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