Lawyers, Answer Questions  & Get Points Log In
Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Florida on
Q: Is a phone/internet/TV company considered a utility in Florida for purposes of being included in a "utilities" easement?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2020

it depends, for one thing, upon what company was granted the easement. And it would also depend upon when it was created. if, for example, a power company was granted a "utilities easement" in 1920, it is doubtful that the easement would include cable; although it might include... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Does a "perpetual easement," quoting from the document in hand, transfer to new owners?

It's simply worded as stated. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 26, 2020

Usually, yes.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can this townhouse association build on my land?

So I'm buying this lot that is in a townhouse community. It is privately owned not by association. I called them up and they are planning on finishing devlopment once covid is over. But I would like to know, if they are allowed to build on my lot because it is in their community. But I do own... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

No, they can't build a house on your lot. You better ask them how they think they can do that. Perhaps you really don't own the lot; I suggest you run it by an attorney.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Asking about an issue with my Home Owners Association.

I replaced my privacy fence a couple years ago with a type of fence that was perfectly acceptable at that time. Recently they changed the types of fences that were allowed and sent me a notice that I had to replace my fence with a new type within 30 days. I let them know a few months ago that I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Oct 15, 2020

Did you get written approval to install the fence? Does the HOA documents require written approval for fences? Sometimes they rely on language which states you need permission for any exterior modification. Depending on how it is worded, some courts will find the language is too broad and vague,... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How can a get my properties rear building setback line adjusted?

I currently live in a private gated community with a H.O.A. The title to my property states i have a rear building setback line of 23ft. I want to reduce this to 15ft. The H.O.A have stated it's my property to do with as i please if i submit architectural plan to the board for review. However... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 6, 2020

Yes, your county zoning ordinance probably also has a setback requirement. Call the county and ask them what the requirements are.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: What does R30 means in North Carolina for land

Wanted to build a home and I just wanted to know what all that means R30 zoning

Charles M.  Baron
Charles M. Baron answered on Sep 10, 2020

Since you are writing from Fla., it is unlikely that a NC attorney will see your post, but even if an NC attorney would see it, he/she would be unlikely to know, off the top of his/her head, what that zoning category means because such zoning code numbers are unique to each local jurisdiction. You... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Hello, My mom and her sisters whom are already elderly have a inheritance of some land. They never saw the will or

Legal documents. We’ve been called recently by family members in PR but they don’t give exact info. How can I find out who the executor is and how much land and where it’s located.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 29, 2020

This has nothing to do with Land Use & Zoning, or with Florida law either, for that matter. You should ask your question in Justia > Ask a Lawyer > Puerto Rico.

1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Construction project severely affecting traffic and subsequent revenue of businesses in my shopping center

Construction project in front of the shopping center where my restaurant is located has been obstructing traffic to the point that during certain times of the day there is 1 lane width of an entrance meant to double as an exit, causing congestion and frustration for all patrons. We are unable to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 17, 2020

IMO, you are wasting your time complaining about road construction improvements ("progress") not controlled by either your city or your county government. The State of Florida, Department of Transportation has statutory authority to do whatever it thinks needs to be done when improving... Read more »

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 Land Use & Zoning and Real Estate Law for Florida on
Q: Does HOA have to fix water issues on property they own?

My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... Read more »

1 Answer | Asked in Contracts and Land Use & Zoning for Florida on
Q: Is it normal to pay to break a lease a a month and a half before your move in date?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No. However, many people are having to do that these days--because of the pandemic.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Can a HOA Board vote to suspend/waive any mandatory assessments as a gesture for COVID-19 relief to its members?

We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Do I Have The Right To Block An Irregular Private Road Connection?

My property has a private dirt road, which is a right of way easement, for a landlocked property to the North. In 2015, a new property was built, on the lot to the West. The previous home owner gave this new household permission to connect, in exchange for road repairs. Consequently, my dirt... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 3, 2020

If I understand what you're saying, an otherwise landlocked piece of property has a private access easement across your land, which easement is being used by another landowner without your permission. Yes, you may seek an injunction against their use of if, and perhaps require the easement... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Q: Am I responsible for storm damage caused by a tree on my property falling in on neighbors boat?
Terrence H Thorgaard
Terrence H Thorgaard answered on May 28, 2020

Possibly. Did you know, or would a reasonable person in your shoes have known, that there was a substantial possibility that the tree could fall and damage the boat? If so, was the boat owner more negligent than you when the boat owner put the boat where the tree could fall on it?

1 Answer | Asked in Land Use & Zoning, Municipal Law and Small Claims for Florida on
Q: We are an HOA in Florida many properties adjoining the golf course.

Many golfers encroach on private property of homeowners imposing on their privacy and at times damaging property. How can we mitigate that? Fines? Civil Tickets? The course is owned by the City. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 26, 2020

"No trespassing" signs would be a start.

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: My tenant has opened a flea market on my property without permission. What can I do?

I don't want a flea market on my land. Also they've refused to pay rent for three months.

Barry W. Kaufman
Barry W. Kaufman answered on May 16, 2020

First thing Monday morning, get on the phone or the internet and find a landlord tenant attorney in your town/county; hire him or her, and tell him/her what you want done. Then let the attorney work his or her magic. if it was me, and my tenant hadn't paid rent in 3 months and opened a flea... Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning for Florida on
Q: If my HOA owns the property above the mean high water mark on the beach, during times when the beach is closed

May I still go on the beach above the mean high water mark that we own legally?

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

What entity closed the beach, the city or county; or did the HOA close its portion of the beach? I would contact your local law enforcement agency for clarification.

2 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Hello, what kind of lawyer do i need? The county said i was in violation of code on a property that i am leasing.

I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 1, 2020

You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... Read more »

View More Answers

1 Answer | Asked in Land Use & Zoning for Florida on
Q: property line on single family home I disagree with the county
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

You have not given enough information.

1 Answer | Asked in Entertainment / Sports and Land Use & Zoning for Florida on
Q: Is it legal for me to ride my dirtbike in my neighborhood?

I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2020

The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).

For the local laws you would have to ask somebody in your locality..

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.