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Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?

His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.

Charles M.  Baron
Charles M. Baron
answered on Aug 15, 2019

There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud

There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Aug 14, 2019

Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim.

You are...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can we be locked out of our property by a family member who purchased the property from our parents 55 years ago?

My sister and I inherited property from our parents in 2001, previously (55 years ago) our dad sold a parcel of the property to his nephew and I guess with a good ole boys handshake ingress and egress was granted to our parents. The county has also made part of the road a county maintained road,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2019

Yes, you may have an easement by necessity &/or a prescriptive easement. Check with an attorney.

1 Answer | Asked in Consumer Law, Land Use & Zoning, Landlord - Tenant and Small Claims for Florida on
Q: Can my landlord put me out that’s because I asked him to fix repairs
Charles M.  Baron
Charles M. Baron
answered on May 17, 2019

That is not a legal reason to evict. The landlord's rights to terminate your tenancy are based on the terms of your written lease. If you happen to have a month-to-month tenancy based just on a verbal agreement, he may terminate the tenancy anytime he feels like it (and doesn't need any... View More

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I have recently bought a piece of land in ferdendina beach ( Old nassuaville road ) it is an open rural plot of land .

I planned on building a 3 bay detached garage first to allow me to store furnishings from my house in jacksonville cost savings there will be a fair amount if I can do this , I am being told I cannot do that the house needs to be built first . the first question I asked after being told that was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2019

Depending on the local zoning code, a stand-alone garage may not be a permitted use. See about getting a building permit for the house and garage, and simply build the garage as the first phase of the plan. The permit might require you to complete the entire project (house and garage) within a... View More

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Personal Injury for Florida on
Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB

The dog is a vicious German Shepard that tries to go after the neighbors

Charles M.  Baron
Charles M. Baron
answered on Jan 19, 2019

If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a... View More

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Can the Power company refuse to provide Power to our house under construction if we do not sign an Easement.

Lot was purchased in 2015 and there were No Easements in the Title nor Plat from 1928. Had there been any, we would not have purchased as it's a small property.

Note the Easement is only needed to allow them to keep the existing Pole and Power cables running through the rear of our... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2019

Yes, the power company can refuse to supply power if it doesn't have an appropriate easement.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I own land that's protected by the government. What can or can't I do with it?
Charles M.  Baron
Charles M. Baron
answered on Jan 4, 2019

That depends on a host of factors, including the applicable zoning code, environmental regulations, and whether the local government is treating you equally to those with a similar type of land. The first step is to ask your local Planning & Zoning officials. If you don't like their... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Contracts for Florida on
Q: Is there a way to word an Easement Agreement so that the Dominant Tenant is responsible for County taxes in that area?

The Dominant Tenant had a well put in the access area he is afforded by the state of Florida for ingress and egress only and against my verbally telling the Well Company and the Well Permitting Office, that the well was was happening on the wrong property, even before the permit was issued. I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2018

Yes, it appears that all of this can be done in a properly-worded agreement. But you need an attorney to be sure that it is done properly.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Can a city put a sidewalk in front of my house on a right of way it encroaches on my property and increases crime risk

It also decreases the aesthetics of my house

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2018

I think you answered your own question. You said it's on the right-of-way, which means the right of the public to go on their way on that land. If it's indeed the right-of-way, you most likely can't mount a legal challenge. However, you and your neighbors can try complaining to... View More

1 Answer | Asked in Land Use & Zoning for Florida on
Q: My neighbor's huge tree is now leaning onto my garage.

How much notice do I need to give him before I just saw it down myself?

Charles M.  Baron
Charles M. Baron
answered on Nov 23, 2018

Before doing anything, you should confer with your neighbor to attempt to reach agreement on it. Though I suppose he'll not wish to move the intact tree away from your property, you need to confirm that. If he won't cooperate by either moving the tree or having you, him, or both saw it,... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Was served a termination of lease my landlord. She hassaess my wife and I since moving into these apartments. Help!

I recently lost my job due too Hurricane Michael. We are in a same sex marriage. The landlord has not made any further repairs to the unit in a year. The apartment complex accepts Section8, HUD, and Income based residents. The landlord has done unlawful background checks on my wife and myself. The... View More

Griffin Klema
Griffin Klema
answered on Nov 14, 2018

I suggest finding help at your local courthouse or law library that may be able to assist with a landlord-tenant clinic or pro bono. Good luck.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?
Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2018

You question is a bit vague. You seem to be asking, "If my current local zoning law prohibits vacation rentals in my building, is there something I can do to change that and/or to challenge it in court?" If that's the question, the answer is yes to CHANGING it, but only by... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Land Parcel combination. Property Appraiser said OK and combined it. Now need to show “Unity of Title”. Can I use QCD?

Purchased a land parcel and it consisted of 4 parcels (all contiguous). Looking to develop/build small rental apartments and city will allow. City asked that we combine the parcels and we went to the Property Appraiser and they approved the combination. Now we are plan review with the city and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 11, 2018

Yes, a quitclaim deed has the same effect as a warranty deed except that the grantor(s) are not saying that they necessarily have clear title. You really should get an attorney in on this; your question suggests that you don't have the necessary knowledge to do this correctly.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: My brother has passed away, he owns a (1) lot on Lutz, Fl. The house will have to be torn down-

I would like to rebuild a small home- I’ve been told that the laws have changed- although after his purchase years ago...

Legally, can I rebuild a home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 27, 2018

One would have to know a lot more information, but in general yes, if you comply with the zoning and building code requirements. They can't prohibit you (assuming you inherited it from your brother) from using the lot for anything.

1 Answer | Asked in Municipal Law and Land Use & Zoning for Florida on
Q: Can i sue my city & a few builders & surveyoring companies for willfully violating building code?

In my area (4 streets) every lot is zoned as Duplex. Either single family or duplex could be built. The interior setback (distance from property line between two lots) is minimum 7.5' in city Ordinance building code for DPX lots (also confirmed by Zoning department ).

Now, Builders are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 13, 2018

Perhaps, although the city and building inspectors probably would prevail; if they are relying upon fraudulent surveys.

I'm not sure that a 10' separation between buildings would be a significantly greater fire hazard than a 30' separation, but you probably would need an...
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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Do I have pay previous liens on a tax deed property I acquired on 8/2017?

I acquired a tax deed property on 8/2017. When I acquired this property, I paid all the taxes to get it to auction. The county also did a title search and there was nothing found in the means of liens, encumbrances,etc. I now own this parcel and my current tax bill has a lien on it and according... View More

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Jul 7, 2018

Typically, code enforcement liens survive a tax deed.

The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and...
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1 Answer | Asked in Construction Law and Land Use & Zoning for Florida on
Q: Waste company returned unwanted dumpster to my property. Over a month later (and dozens of calls), it's still here.
Alex McClure
Alex McClure
answered on Jun 29, 2018

You would need to include more details.

Unwanted?

Returned?

Seems that there are some facts missing here.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: I and my 8 siblings were gifted 100 acres from Grandmother. We each own 1/9 interest. 2 of the siblings began

manufacturing portable storage buildings in the center "heart" of the property and occupy well over 25%. They have became wealthy in this business in a short time. What rights do we have as equal interest land owners?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2018

As to the real property, each of the siblings would own an undivided 1/9 interest in the land. It the land were sold, each of you should get 1/9 of the net proceeds.

As to the business, it appears that the two siblings who are doing business own that. Absent an agreement with the other...
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