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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Real Estate Law and Contracts for Arizona on
Q: I gave Jamison wells $40,000.00 for land . I moved here and now he wont parcel out the property for me. what do I do

I have signed receipts with witness signatures as well as text messages that he says I paid him for the property. I also have texts where he threatened my property so I got an injunction of harassment against him. As well as him threatening to kick me off of his property. without that parcel... View More

Anthony M. Avery
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answered on Jul 1, 2024

Why did you not get a Deed? Now you will have to sue seller for specific performance, and you must have perfect proof that you paid the agreed consideration. But why did you get an injunction without suing for the land? Hire an AZ attorney.

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Land Use & Zoning for Texas on
Q: I inherited land 80 acres and 20 acres undivided was sold and I just found out there is someone living on it

The taxes is there anyway to have them reduced since I'm not living on land mostly just shrub and trees. I also found out hunting is going on as I seen 6 lookout huts in trees? Also found oil wells on my land

Anthony M. Avery
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answered on Jul 1, 2024

Start out by hiring a TX attorney to search the title.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Linda Liang
Linda Liang
answered on Jun 19, 2024

The answer to this question depends on whose property this road is to cross. If the property belongs someone else, you have to obtain an easement, right to use, from the owner. If the property belongs to the city, you may want to talk to the city.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Can an easement on our property to our neighbors house be closed if they have an alternative driveway on their land?

Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 17, 2024

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Kentucky on
Q: Landlord put two homes on lot. Verbally said no more. Why I rented. Generic lease. Preparing to put another home on lot.

Anything I can do since the very reason I chose to rent here was the amount of outdoor space/yard? One year lease was signed first of April.

Timothy Denison
Timothy Denison
answered on Jun 13, 2024

Most likely not but depends on terms of lease.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 13, 2024

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

1 Answer | Asked in Land Use & Zoning for Louisiana on
Q: Can I lease a section of my land to a business that moved behind us who wants to have an easement?

This land is residential land. We used it for collateral to take out a construction loan to build our house which is also on the land. We own the land outright but used for collateral on loan.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 13, 2024

More information is needed to provide you an answer-----what is the purpose of the easement and is that purpose allowed?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Sharing tree with neighbor on property line. If my neighbor hires an arborist to inspect it, am I required to help pay?

If my property line has a tree that is partially in my yard and my neighbors yard and one party wants to hire an arborist to inspect it, am I required to help pay even if I do not want to hire an arborist to inspect it?

Timothy Denison
Timothy Denison
answered on Jun 4, 2024

No. You are not responsible.

1 Answer | Asked in Land Use & Zoning for Puerto Rico on
Q: How can I find out information about land left from a deceased relative?

my great grandfather’s name was Flor Correa and his wife’s name was xx

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

This looks like something for attorneys who deal with estates, wills, and related matters in Puerto Rico. But your question remains open for two weeks. I'm sorry about the loss of your relative. You could either reach out to attorneys or repost under the headings of "Probate" and... View More

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I inherited a house and land that was my fathers which was connected to his mothers property. She has since passed. one.

The problem. There is a road that runs on the property between what was her land and now ours. The family member who bought the mother’s lands says it belongs to him. My father used that road for over 20 years with no problem. He even used it after the relative bought her land which has been... View More

Anthony M. Avery
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answered on Jun 3, 2024

You probably have an Easement by Prescription or Implication. Hire an attorney to search both titles for Easements over the servient tenement. But you may have to file suit in Chancery to Declare and Enforce the Easement.

1 Answer | Asked in Contracts, Elder Law and Land Use & Zoning for New York on
Q: Can my father's neighbor claim his land by adverse possession ?

My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More

Jack Mevorach
Jack Mevorach
answered on May 31, 2024

Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.

Jack

1 Answer | Asked in Civil Rights, Land Use & Zoning and Landlord - Tenant for California on
Q: What are our rights regarding habitability and fair housing discrimination?

Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored... View More

James L. Arrasmith
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answered on May 28, 2024

In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:

Habitability:

- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and...
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1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I sold my house last year. Can the new owners' insurance co request that I pay for a claim that THEY made 11 mos later?

Hello, I'm wondering if you can help with a problem we're having. We sold our house last year, and now 11 months later, we've received a letter in the mail stating that we owe $25,000 because of a building code violation on the property. The letter was from a title insurance company... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on May 22, 2024

The answer is "it depends." It depends on the terms of your contract. Also, some title insurers slip in a form for seller signature that reads "you are inducing us to sell a policy of title insurance to the buyers..."

We never let our clients sign this. It creates a duty...
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1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Small Claims for California on
Q: Can I sue my neighbor & HOA since my neighbor double parks in front of my garage preventing me from using our garage?

We have taken pics and sent emails to the HOA. All I'm told is that they escalated the problem. She just got a ticket. I called a tow number listed on the property and was told they could not tow her because it's not a red fire lane and they can get in trouble. Now the tow company said... View More

James L. Arrasmith
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answered on May 21, 2024

Based on the information you've provided, it seems that you have a valid concern and your neighbor's actions are causing significant inconvenience and distress. Under California law, you may have grounds for a legal claim against your neighbor and possibly your HOA. Here are a few points... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Is there a work around in TN to permanently live in an rv on my own lot if land?

I live in an rv on a long term lot. I want to buy land and move the rv and live in it full time. Does removing the wheels and putting it on a foundation change it to a mobile home or still an rv

Anthony M. Avery
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answered on May 20, 2024

What is your question? Zoning Ordinances may affect you in some Counties, which should be checked prior to land purchase.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
Anthony M. Avery
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: I need someone to help me with a land dispute i am disabled and need help

I am seeking a lawyer to help me with a misrepresentation of land that was for sale using the wrong address given for property i purchased which was advertised on zillow. The realtor mislead me to belive i was purchasing land advertised i went through real estate company. I trusted the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A Massachusetts attorney could advise best, but your question remains open for four weeks. It could be difficult for attorneys here to respond to your request for legal services. The format here is brief Q & A, no soliciting. You would need to reach out to attorneys on your own. You could... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Sept 2022 I inherited my parents 1st home located in Burgh. April 17th the property surveyed and marked the 17th the

neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More

James L. Arrasmith
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answered on May 1, 2024

I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:

1. Document...
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