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1 Answer | Asked in Estate Planning, Real Estate Law, Agricultural Law and Civil Litigation for California on
Q: Are the property lines accurate enough to use as evidence of property line in court. I'm having issues with a neighbor

A site listed as patented on justia called real estate portal .

George W. Wolff Esq.
George W. Wolff Esq. answered on Sep 29, 2020

USUALLY FOR A TRIAL YOU NEED A SPOTTED BOUNDARY LINE SURVEY BY A LICENSED SURVEYOR.

1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... Read more »

1 Answer | Asked in Real Estate Law and Agricultural Law for Texas on
Q: Bought a place in town had established fence lines neighbor shows me a map of his survey saying that I'm on his property

I had also already built a few structures greenhouse ect. into the spots in question

Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2020

Usually the established fencing determines the boundary as both adjoining owners acquiesce to the boundary, regardless what their legal descriptions say. If your neighbor does not like your encroachments, it is up to him to file suit within the SOL. Hire a competent attorney to search both... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Agricultural Law for North Carolina on
Q: What steps can I take to protect my farm from being shut down?

My home is on 9 acres that is about to become completely surrounded on all sides by an upscale subdivision. At this point we only have poultry. In the near future, we will begin earning money with our land by selling produce and eggs, and by growing trees for a local landscaping company. I worry... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

A North Carolina attorney could advise best, but your post remains open for two weeks. It could be difficult to predict what could happen when the surrounding area becomes developed. The attorneys who did not respond could be at a loss in terms of what to tell you in terms of preemptive actions you... Read more »

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Florida on
Q: How do I create and file intent to lien a horse who has been abandoned by owner and/or board hasn’t been paid ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 26, 2020

In order to claim a possessory lien on the horse, a security interest in the horse would need to have been created in the boarding contract. The only other way to get the horse would be to sue the owner, get a judgment, levy upon the horse, and then buy it at the execution sale.

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: HOA not allowing Fruit Trees in Backyards

We have just brought a house in a HOA governed community in Tampa, Florida. We have a 2000 sqf backyard and have planted some Florida approved fruit trees like mango , banana as we wanted home grown food and for religious practices. We got a letter from HOA that we are not allowed to plant fruit... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 27, 2020

The ARB documents/guidelines are valid restrictions adopted by the HOA. Whether or not you can claim a reasonable accommodation for religious practices is a fact-based question that requires the review of a lot of factors, which go beyond the scope of this website and require a review of all of... Read more »

1 Answer | Asked in Agricultural Law, Contracts, Animal / Dog Law and Lemon Law for New York on
Q: Are “Hobby Breeders” held to the same standards under NYS Pet Lemon Law? Or only Pet dealers?
Benjamin Z. Katz
Benjamin Z. Katz answered on Jul 21, 2020

If the hobby breeder sells 10 or more dogs or cats a year they are subject to the pet lemon law.

1 Answer | Asked in Criminal Law and Agricultural Law for California on
Q: How often does a criminal prosecution happen in California over Grand Larceny of an estate's assets worth over $200,000?

My father died last month. His Trust is signed and has shared Co-executors- my sister and stepmother. My stepmother is unhappy with the Trust as written and has started stealing and and selling assets (cattle, trucks, ranching equipment) whose loss of value to the Trust is thus far, $200,000. We... Read more »

Dale S. Gribow
Dale S. Gribow answered on Jul 19, 2020

more info needed.

if she is stealing and that is a criminal act, I suspect contacting law enforcement makes sense.

however, I would make an appt for a consultation with a local lawyer asap.

2 Answers | Asked in Criminal Law and Agricultural Law for Tennessee on
Q: Will a out of state mistermeanor warrant get you arrested in a different state
Shanone Emmack
Shanone Emmack answered on Jul 13, 2020

Yes, an out of state warrant will get you arrested in another state. It usually happens when a police officer calls in your information during a traffic stop. The police will arrest you and wait for the state who issued the warrant to come get you.

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1 Answer | Asked in Agricultural Law for New York on
Q: What does DIWW mean in disability law.
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

There's an abbreviation DIWC, Disabled Insured Worker's Claim. If you wanted to repost in the Social Security section, you'd have better chances of an attorney familiar with this area seeing your question. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Agricultural Law, Constitutional Law and Landlord - Tenant for Tennessee on
Q: I feel like I'm being discriminated against by rental companies in my area due to drawing unemployment benefits.

I have tried to rent a home from 3 different rental MGMT companies and was refused because I draw unemployment right now. All of them said I had to have a job or be employeed and could be verified. Why will they rent to someone that draws disability that is verifiable, and they do not have a job,... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 21, 2020

I'm sorry for your frustrating ordeal. Your post remains open for three weeks, and at this point, you could try reaching out to Tennessee landlord-tenant attorneys. From a practical standpoint, L-T attorneys would probably have the best insight into your situation among all the practice areas... Read more »

1 Answer | Asked in Employment Law and Agricultural Law for Florida on
Q: Is this illegal?

This is an agriculture business, one of my employees was demanding a raise or he was quiting and having another employee fired or else he was quiting, which neither happened. At the same time he had his car repossessed and was blaming it on the fact that the company doesn't pay him enough (he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2020

Is what illegal? He can quit, of course, or you can fire him under most circumstances. What would his "wrongful termination" claim be; it's not enough for him to complain that he was fired "wrongfully", employment is generally "at will", which means that an... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law, Agricultural Law and Environmental for Missouri on
Q: what is the penalty for negligent burning in the state of Missouri? It is a class C misdemeanor.
Tim Akpinar
Tim Akpinar answered on May 30, 2020

Only a Missouri attorney could advise you on this, as it involves state law. But you await a response for four weeks. Here on Justia, at - https://law.justia.com/codes/missouri/2017/title-xxxviii/chapter-569/section-569.065/, you will see an outline of the law - 2017 Missouri Revised Statutes -... Read more »

2 Answers | Asked in Agricultural Law, Banking, Civil Litigation and International Law for Tennessee on
Q: Hello, I am currently a college student looking at law as a potential future career.

I was wondering if this would be a good place to start asking questions and if not, is there another chat forum that I could utilize to get a better understanding about this particular career field?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2020

The reason this free legal advice forum was created is to allow people who have legitimate legal questions to ask the Justia panel of experienced lawyers, who decide whether or not to answer.

So it seems safe to say that curious college students who want to "chat" with...
Read more »

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3 Answers | Asked in Real Estate Law, Agricultural Law, Land Use & Zoning and Landlord - Tenant for Virginia on
Q: Is there a legal document that will not give ownership or others can stake claim to property they are working/living on?

It is 30 acres of land in VA where 2 of the 5 owners with the other owners permission is setting up what is called The Eden Experience-The Eden Experience is about creating a new sense of community and family based on permaculture farmsteading that thrives and coexists along harmoniously with the... Read more »

Richard Sternberg
Richard Sternberg answered on May 13, 2020

This reads like a fairly simple sharecropper agreement with no rental value unless the tenant breaches. To achieve you complete objectives, you probably want to customize the lease, but doing this without a signed agreement will be a very bad idea, especially if your project succeeds and the... Read more »

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1 Answer | Asked in Agricultural Law for Michigan on
Q: I have been maintaining part of a property next to mine for almost 20 years, Would that property be mine now by law.

There are now new owner. Would this part of property legally be mine

Tim Akpinar
Tim Akpinar answered on May 6, 2020

A Michigan attorney could advise best, but your post remains open for two weeks. It sounds like you are talking about adverse possession, which might have better chances of being picked up in the Real Estate section if you wanted to try reposting.

Tim Akpinar

1 Answer | Asked in Agricultural Law and Internet Law for Kentucky on
Q: Should employers be able to terminate your employment based on your social media postings? How's this right or wrong?
Tim Akpinar
Tim Akpinar answered on May 2, 2020

You pose an interesting question, but the response would largely be a matter of personal opinion. You could pose the question to employment attorneys, as they would have the most insight into this issue, more so than attorneys practicing in internet law and agricultural law. Good luck

Tim Akpinar

1 Answer | Asked in Agricultural Law, Contracts and Landlord - Tenant for Oregon on
Q: What are the Oregon eviction laws currently due to covid-19? Some tenants not paying rent and want late fees waived too

Do you guys also give equine boarding facility advice?

Gregory L Abbott
Gregory L Abbott answered on May 1, 2020

To qualify for deferral of paying residential rent, the tenant is supposed to have applied and provided proof to the landlord before the 1st of the month that their ability to pay rent is currently compromised due to covid-19. Good luck in getting a Judge to enforce that and it won't really... Read more »

1 Answer | Asked in Foreclosure and Agricultural Law for North Carolina on
Q: For Closure?

There is a house in North Carolina, the homeowners have not paid all of their taxes for the past 3 years. The neighbors told me the house was in foreclosure but the courthouse did not have it registered. I have wanted this house for awhile I see a lot of potential in it. Any help? Can I buy it?... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 26, 2020

It would be difficult for an attorney here to answer your questions based on this limited information. If you contacted a real estate attorney in North Carolina, they might be able to assess the situation in detail and advise in a meaningful manner.

Tim Akpinar

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