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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Have a prescriptive easement, but my neighbor spent $3,500 on a survey so they could arrest me, a pattern of harassment.

Four times exonerated by same Neighbors. This is the 5th. And they had to spend $3,500 on a survey on a cold winter night, then roped off & put up cameras and no trespassing signs on my only known access to my home where I've lived for 30 years. The previous owner did not honor previous... View More

Anthony M. Avery
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answered on Apr 24, 2024

You will need to hire an AL attorney to file a Declaratory Judgment suit, and possible injunction. It is not cheap nor easy. You need to gather witnesses now. Otherwise your easement will be terminated.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Minnesota on
Q: I have shared property easement with 9 owners. One owner is blocking access on both ends trapping other owners boat lift

1 Owner is blocking access both in and out at both ends of easement and trapping others boat lifts with her lifts on both ends. She is threatening Legal action if we move her lifts to access or move ours.

Robert Kane
Robert Kane
answered on Apr 24, 2024

Initially, you and the other owners should sit down and organize your thoughts. I would think contacting the county (or other governing body) with your complaint would be next. Then you should be able to determine what remedies are available. I doubt any attorney is going to advise you to... View More

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1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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3 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: a piece of property next door to me, original owner was alive, he verbally handed over to me in case of his death.

How do I legally obtain the property?? My neighbor was a no-nonsense guy who didn’t live frivolously!

Anthony M. Avery
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answered on Apr 19, 2024

Hire an OK attorney to search the title and determine ownership. Without a deed a non heir does not take, and your oral gift violates the Statute of Frauds. So you might make a deal with his heirs. See if taxes are delinquent also, as a tax sale might be available.

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4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Georgia on
Q: My dad and mother share a life estate and are divorced, but they are leaving their life estate to their 3 children. The

Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More

Anthony M. Avery
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answered on Apr 17, 2024

If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Q: How to remove people from property they have no ownership too.

My mother’s dad passed away he left her to be the sole owner of all his property and personal possessions. Also half of the property (certain parcels) was deed to me in 2004. Well today we went there to remove my mother’s stepbrother and his wife and they threatened our lives and physical harm.... View More

James L. Arrasmith
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answered on Apr 16, 2024

I understand this is a very difficult and stressful situation. Unfortunately, removing people from a property, even if they are there illegally, can be a complicated legal process. Here are some steps you can take:

1. Consult with a lawyer who specializes in property law and estate matters....
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1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Cop came on my property without permission $600 for a fire ordinance I was using it for recreational for marshmallow
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Civil Rights and Land Use & Zoning for Pennsylvania on
Q: Can a cop come on your property without your permission over an ordinance
James L. Arrasmith
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answered on Apr 15, 2024

In most cases, a police officer cannot enter your property without your permission if they are only investigating a potential ordinance violation. However, there are some exceptions to this general rule:

1. If the officer has a valid search warrant, they can enter your property to...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Q: There is a piece of property around 200 sq feet that we have been using for the past 27 years that a condo association

They attempting to get back from us. The property abuts our land and after about 19 years they are looking to take it back do we have any right here.

Christopher Tolley
Christopher Tolley
answered on Apr 16, 2024

Your argument would be that you used the land as if it were your own, you landscaped it, cut the grass, watered the plants, built on it, parked your car there, etc. (if all that is the case) and if the town assessed it to you, paid taxes on it, and that it should have been obvious to the... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Municipal Law for New Jersey on
Q: If your neighbor has a tree in his yard and one of his branches is on your property is it your responsibility.

If the branch is in your yard and their are bugs on it and you spray bug spray which kills the tree can you be liable even if the branch where you sprayed the bug spray is on your side?

James L. Arrasmith
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answered on Apr 13, 2024

If a branch from your neighbor's tree extends onto your property, the responsibility for maintaining that branch is a bit of a legal gray area and can vary depending on local laws and regulations. In general, you have the right to trim the branch back to the property line, but you should not... View More

1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

1 Answer | Asked in Land Use & Zoning on
Q: what are the procedures of foreigner to sale land in Tanzania, with relevant authorities
Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

It could be difficult to get guidance on this matter here. Attorneys on this Q & A forum answer questions that deal mainly with U.S. laws and courts. An attorney in Tanzania would be in a better position to advise about real estate transactions there. Good luck

1 Answer | Asked in Land Use & Zoning and Energy, Oil and Gas for California on
Q: Is Entergy required to compensate landowners for timber they cut to install new power distribution towers?

Our property is a 100 year bald cypress-Tupelo wetland. They want to clear cut 2 acres of timber. The compensation offered by Entergy was a small percentage of total land value with out timber. Entergy is required to purchase Mitigation credits to move there project forward.

James L. Arrasmith
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answered on Apr 4, 2024

Under California law, utility companies like Entergy are generally required to provide just compensation to landowners when they acquire property rights, such as easements, for the installation of power lines and related infrastructure. This includes compensating landowners for any damages to their... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Minnesota on
Q: Wondering about legalities on contract for deed properties

Brother in law buying farm from mother in law as contact for deed. He plans on demolishing the existing home and building a new one on the foundation. He has not paid off the property in full, so wondering if he's allowed to make these changes.

Robert Kane
Robert Kane
answered on Apr 4, 2024

A contract can provide for almost anything. The parties can also amend a contract if they want to change it.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Ohio on
Q: What can I do about a shared driveway owner that won't maintain it?

I am not the owner of a shared driveway. The driveway owner doesn't maintain it and at times it gets almost unusable, until I call and pay someone to have it graded, which is basically just a band aid to make it usable.

Also, the driveway is approx. a quarter mile long.

James L. Arrasmith
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answered on Apr 1, 2024

In a situation involving a shared driveway where the owner is not properly maintaining it, you have a few options to address the issue:

1. Communicate with the owner: Try to have a friendly conversation with the driveway owner about the maintenance issues. Explain your concerns and see if...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: What to do about non-responsive property owners when there is a hazardous condition on their property?

A huge 250' redwood tree is leaning towards falling on my house. I have tried contacting the owner via mail, email, and phone. The RE agent who sold the parcel has also tried. But the owner is not responding, yet he is applying for a variance permit on the parcel, so he is still active. I... View More

James L. Arrasmith
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answered on Mar 30, 2024

Under California law, when you encounter a hazardous condition on someone else's property, such as a potentially dangerous tree, the first step is usually to make a reasonable attempt to notify the property owner of the hazard. It seems you've already done this through various means... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Does relative have legal right to access water well with my land? There is no easement recorded in my deed.
John Cucci Jr.
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answered on Mar 28, 2024

NO!

Any rights to land in TX, and the USA, must be in writing and recorded with the county clerk.

I hope this helps.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Georgia on
Q: Land was given to 2 siblings in a will. One sibling passed away and was married. Does the widow of the deceased person

Does the widow of the deceased person has rights to the land? No will was made for the deceased person to give the land to their spouse.

James Clifton
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James Clifton
answered on Mar 26, 2024

The exact answer depends on a few factors regarding the dates of death of the parent and child and the terms of the will. If the will listed the child died before the parent, the gift of the land will depend on whether the gift was listed as per stirpes, per capita, or otherwise. If the parent... View More

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