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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: How do you go about finding pieces of property that are in disrepair or undeveloped and fix up and aquire it free
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 9, 2021

If you are asking about "squatting" (occupying property knowing it's not yours), you can't acquire title to it free of charge.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron
answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I live on what is considered a private road that the county and city says they wont maintain. Can i closed this off ?

To the public from accessing it? Or make my neighbors help pay for maintenace?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 20, 2021

You might get away with putting up a gate if you give the others keys. But it is doubtful that you can require them to help maintain the roadway.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: While digging, we broke our neighbor's new sprinkler system, which was unknowingly routed onto our land. He wants 2 sue?

There is no easement in place for it on my survey at all since it's brand-new, nor was there one for the previous owner of his home even if it wasn't new. According to our survey, it's 100% no doubt about it on our property. We have been nothing but nice and willing to work with him,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 4, 2021

And you want to know if you are liable? No. But if he does sue, ask your homeowner's insurance company to take care of it. by getting an attorney for you.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can I have legal/financial problems for not paying taxes on vacant land lots?

Can I have legal/financial problems for not paying taxes on vacant land lots ( Seabring, Highland County, Florida) that my ex-husbands purchased back in 2004 on my name? I stopped paying taxes and other fees on this lots 6-7 years ago, and worry if eventually county can put lean on my house that is... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 1, 2021

The county can auction off the property for unpaid taxes in a tax deed sale. Your bigger concern is if there are any code enforcement violations which have generated fines. If Code Enforcement issues fines it can record liens which attach to any property you own. You also have liability if... View More

1 Answer | Asked in Environmental and Land Use & Zoning for Florida on
Q: What law or regulation is allowed or not allowed to install water parks on public beaches in Florida?

What law or regulation is allowed or not allowed to install water parks on public beaches in Florida? Where can I find this document? Which service in the state government issues permits for such business.

Tim Akpinar
Tim Akpinar
answered on Jan 20, 2021

A Florida attorney could advise best, but your question remains open at this point. You would probably need to look through various laws on the federal, state, and local level that address land use and zoning. And even then, things like this might not be expressly addressed, but implied, simply by... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Florida on
Q: Looking to understand the definition of "Commercial activity"

In the city we live in Clermont, Fl, the park rangers and their leader, parks and recreation director, are trying to prevent us from assembling in a public park (Waterfront Park)

The claim is that we are considered commercial activity. They are asking us to fill out waivers, background... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 15, 2021

The first issue is the definition, if any, of "commercial activity" in the city code. There might be a definition that applies to your group even though no money changes hands. If the definition does NOT apply to your group, or there's no definition at all, then the action against... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: I'm interested in buying a landlocked land. but Miami Dade owns the surrounding area. what options do I have to build?
Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2020

Your options to build don't depend on who owns the surrounding land, they depend on the current zoning. If the zoning is adverse to you, then your options depend on whether you can obtain a variance or a rezoning. The first step would be to contact the County Development Services Division to... View More

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: In Florida, can a HOA member NOT compliant w' Deed Restrictions serve on Board of Directors?

This candidate's excuse is a '5 year statute of limitations for enforcing Deed restrictions' b/c his wife was on the Board for years, & used 'selective enforcement" of restrictions on some while they refused to comply.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 30, 2020

If you are a board member you have a duty to consult with the HOA attorney rather than trying to find answers on the internet. If the HOA does not have an attorney, it needs one.

If you are a homeowner, the answer is "it depends" on the language in the HOA documents, what...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: Please help asap!! I have been trying to get my friends son buried for 2 weeks. Now I'm told I need an affidative

I thought everything was covered until yesterday afternoon 12 hours before service. Now we were told we need an affidative that goes with the plot. Pasco County Court Records have no idea what they are requiring, nor does the funeral director. He is being buried on family property & we have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 21, 2020

It is unclear who is requiring an affidavit. Ask that person what such an affidavit would recite, and then write one.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: if a abandoned property is left overgrown neglected rundown of no value to the owner.

can i claim this property as squatters rights without legally being prosecuted by law

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

All real property is owned by someone. if whoever does own it finds you squatting on it, the owner can sue you, and also have you criminally charged with trespassing under certain circumstances.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: I need a property attorney to help me take ownership of my dads land and stop the violations?

My father passed away this year. He owns a home. My name is not on the deed and I still live there. Recently I received many violations by the state of Jacksonville Florida. I feel harassed.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 5, 2020

I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... View More

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... View 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... View 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.

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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... View 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,... View 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... View 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... View 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... View 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... View More

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