Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
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.
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 
All the bamboo was on our side of the property line. They had hired someone to cut it but the person either was not with a company or refused to say the name of the company
answered on Mar 27, 2023
The neighbor is legally responsible. Get an estimate for bamboo from a nursery and demand the neighbor to pay it. If it's no more than $8,000, you may sue in small claims court and probably would not need an attorney.
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?
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
My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... View More
answered on Feb 4, 2023
The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.
At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... View More
answered on Nov 28, 2022
Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.
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?
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.
Residents will be displaced. Do they have an obligation to pay residents to relocate?
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.
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
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... View More
What are the legal implications for doing this in Florida? What is the employer or technically landlord responsible for? Thank you
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
I am a California businessman who is conducting business in other states as well. I have an LLC in Florida and it owns two lots. Today, I realized that the lots have been listed for sale 40 days ago without my knowledge. I contacted the listing agent. He told me that his client is a land firm and... View More
answered on Jul 29, 2022
You can report it to the authorities, but it doesn't appear that it would be worth your while to "pursue legal action" (i.e.: file a civil suit); you have not suffered any serious damages.
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
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
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
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
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
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... View More
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
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
Do I have rights to rent my dock since I don't "own the water"? What happens if they crash into my dock? Any legal concerns or suits that can be brought against me as the dock owner?
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answered on May 8, 2022
If they crash into your dock, you'd have a lawsuit against them.
If someone drowns and the heirs may blame you for poor maintenance of the dock.
Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:... View More
Question: Our access to our homes is through a platted ingress/egress over privately held land (outside of our subdivision). As homeowners using this easement, what rights do we have to make improvements to the easement? The plat shows the easement as a 50' wide easement; however, the path is... View More
answered on May 5, 2022
If you have an easement for access to your property, in general you have the right to maintain the roadway. So, within reason, the landowner cannot object if you make the improvements you mention.
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
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
"Private community for residents only" off of the public street?
answered on Apr 30, 2022
Arguably, when you read the sign, you were automatically "trespassed".
Section 517.6 of the LDC states, “Principal structures shall not cover more than forty-five (45) percent of the total lot area. Accessory structures may cover up to an additional twenty (20) percent of the total lot area beyond that allowed for the principal structure”
answered on Mar 4, 2022
It appears to me that there is a disagreement regarding the area of the proposed pool. You write that you are being denied a permit because the proposed pool would be more than 20% of the lot area. If that is correct, assuming a pool is an "accessory structure", you are asking to be... View More
Four days ago I received a letter that I needed to pressure wash the side of my house. Two days after I receive the letter I went outside and pressure wash the side of my house and it is squeaky clean. Four days after receiving the letter they sent somebody out to come and pressure wash my house... View More
answered on Mar 2, 2022
You apparently fixed the problem within the 4 days, so what is the difficulty? Did you respond in writing to their ultimatum??
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