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Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: real estate conflict against neighbor

A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you... View More

Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: I have an Air bnb in FL. Currently there are no restrictions on rentals. Can hoa amend Ccr’s and prohibit air bnb’s?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 4, 2023

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Yes, in a technical and legal sense, your neighbor is trespassing because his trailer is encroaching upon your property. It is the same as when a neighbor's tree hanging over your house falls on your house. The neighbor would be liable.

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2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

If a neighbor's tree branch hangs over your land, you may cut it down. You can't chop off the end of their trailer, but you can demand that it be removed, and if the neighbor fails to comply, you may file a lawsuit to seek an injunction - that is, a court order to remove it. If your own... View More

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: My parents live in a mobile park owned by the local airport. The FAA is making them do away with the mobile park and

Residents will be displaced. Do they have an obligation to pay residents to relocate?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 11, 2022

If they own the mobile home but lease the land they are eligible for relocation assistance through the Florida Mobile Home Relocation Trust Corporation. It is administered by the Dept. of Business and Regulation (DBPR). They can contact DBPR at (850) 488-1122) for information.

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1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
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1 Answer | Asked in Business Formation, Business Law and Land Use & Zoning for Florida on
Q: Hello, I am interesting in leasing a suite and then renting out the rooms to licensed stylist or lash artists

What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you

Keith Kanouse
Keith Kanouse
answered on Aug 9, 2022

I have a client that has done this as a franchisee. You have to find a location and negotiate a master lease with the landlord with the landlord understanding that you will be subdividing and subleasing the premises to various subtenants. You need to check that the zoning will allow the intended... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Any help on getting a neighbor to stop hooking up his fence on my property.

I am getting a new survey and nobody will look at old survey. The fence is on my property then connects with the neighbors. And every time I unhook the fence he will hook it back up on my property. The neighbor has owned the property for three years. And I have wrote him letters and told him to... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 21, 2022

Is it your fence or did the previous owner of the neighbor's property place the fence on your property. If you own the fence and he is refusing to remove his fence from your fence then you will need to consult with a real estate lawyer to send him a letter. If that doesn't work you may... View More

2 Answers | Asked in Tax Law, Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a "single family" tax district in Florida 0001 on property tax records.

my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 16, 2022

Ask your local code enforcement office. "Single family" being on the tax rolls is irrelevant. What matters is what your local code provides (city code if you are in an incorporated municipality, county code if you are not). Regarding the issue of no permit, not sure if you mean no... View More

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2 Answers | Asked in Tax Law, Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a "single family" tax district in Florida 0001 on property tax records.

my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... View More

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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Aunt filed unlawful detainer. and told to move I'm on ssdi. what can I do for help

3 rivers won't help says conflict of int. I bought shed from a family member that doesn't live on property and I have been paying rent since Jan 2019 w/no complaint. It has electric and water. She let a granddaughter, kids, & her boyfriend move a shed & camper here and they made a... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2022

You could try the Fla. Bar Lawyers Referral Service and ask for a Low Fee Panel attorney - see https://lrs.floridabar.org/

However, in the event that there is no law that protects you from the code enforcement authorities, there is little or nothing a lawyer can do. Schedule a consultation...
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2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 6, 2022

You do not become a joint owner of the fence. You are not allowed to attach anything to their fence without permission from the owner of the fence. I doubt they will give you permission now. Your best option is to put posts on your land and attach the fence to your posts. You might need to... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Florida on
Q: In FL is it illegal/can I be sued for building a fence off of my neighbors existing fence?

I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... View More

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 6, 2022

You can use it, meaning you can receive the benefit of their fence being there, but you are not suppose to attach to it. If it is a boundary fence then both of you have an obligation to maintain it. Having said that, in order to have a legitimate claim, one must show damages.

Here are some...
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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: Opening a dog park/bar/cafe in Oakland Park Fl and wondering about zoning and permitting needed. It is b-2 zoning now.

We want to create a fun and safe space for dogs to socialize but also for humans to be able to have a drink, coffee, or sandwich while utilizing the wifi and getting some work done. We have a location in mind and it is b-2 zoning. We just are not sure if this is allowed or what we need to do to get... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

Good idea; I would drop by with my dog if it flies. First speak to Oakland Park Planning & Zoning staff, and I recommend you go in person in order to review and discuss the list of uses permitted in that zoning category, and to discuss if your intended uses can fit with their interpretation of... View More

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am a joint land owner in Arkansas. One co-owner has allowed a family member to take up permanent residence.

No legal documents, lease agreement, etc..

65 acres of pasture land, pond and a mobile home. Husband, wife and 5 kids.

What are the land owners liabilities?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

This is a question of Arkansas law. It has nothing to do with Florida law.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Florida on
Q: Opening pedestrian path to motorized traffic/changing dead end street - Neighborhood Property Value Loss

Our street in a protected historic district currently is a dead end with 10 households on it. At the end of the street is a small footpath that allows pedestrians to walk over to another street, so some of those properties currently have zero motor traffic.

A developer has bought a property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 9, 2023

You hire an attorney who does this sort of work, not just real-estate. This is not anywhere close to a DIY project. This is complex litigation with lots of moving parts,.and if you want any chance of succeeding, you will have to hire top talent at a price.

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