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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a manufactured house dealer force receipt of a house without them first getting a permit or us having the space?

Last month it's discovered that the easements require a 100' setback, not the 50' that shows up on the survey we were given by the seller which makes it impossible to build anything without a variance.  Got the meeting for that, all is well, hearing set for mid Sep. Friday my... Read more »

Jane Kim
Jane Kim answered on Jul 24, 2021

Your written agreement with the house dealer should have all the answers.

1 Answer | Asked in Government Contracts, Land Use & Zoning, Estate Planning and Real Estate Law for Wisconsin on
Q: we bought a property the rental of the land was not included in with the bill of sale do we have to honor the contract?

Nothing was signed by us and we didn't even know it existed. we waited for wheat to be done being harvested and now want to get rid of them so that we can plant our trees.

Nina Whitehurst
Nina Whitehurst answered on Jul 24, 2021

Your question cannot be answered without more information. Is there a written lease agreement? You will need to get a copy of that. Have you tried talking to the tenant about his intentions? Did the seller represent that there were no leases?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If there are multiple owners of a property, can one or two people do a quick claim deed for their portion

THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.

It's "quitclaim", by the way; it means to surrender or...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Ohio on
Q: Hello

I have a rental property, and my step daughter was living in it for rent free. We recenlty parted ways and she wants to take the shed from the property. can she leggally do that or is that a permanant fixture.

Andrew Popp
Andrew Popp answered on Jul 20, 2021

Typically it is considered a fixture, but it could theoretically vary depending on the specifics. See Section 5701.02 of the Ohio Revised Code (link below).

https://codes.ohio.gov/ohio-revised-code/section-5701.02

If the issue continues, you may want to retain an attorney to...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Connecticut on
Q: My neighbor built a 10-ft fence wall on their property 8 inches from the border line. I moved into my house 13 years ago

and the fence was already there. I have been maintaining neighbor's 8-in property since then. I recently built a fence that joins my neighbor's fence for my dog. I installed new poles close to the old fence so my fence does not touch my neighbor's. My neighbor is asking me to move my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

The Boundary Line is probably established by Acquiesence. Hire a CT attorney to search both titles and determine the common boundary line of record. Be prepared to defend your title on Acquiesence if he sues you.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Can my mom still use a well for water.

My grandfather had some land where his house is. He gave some to my mom and uncle. My mom and grandfather and mom went half on the well. The well sits on his property. My grandfather passed away and his second wife is selling the house. My mother has used the water for 14 years. Can my use the well?

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

If there is no written document regarding use of the well, then it could be a problem for her. Your mother can use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise her.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: I have been paying the taxes and maintenance for land for over 10 years straight. Can I seek full ownership?

I have been paying the taxes and maintenance for land for over 10 years straight. Land is currently owned by me, my mom, and brother. Legally I am 66.66 owner the remainder is split between my mom and brother. Can I seek fully ownership in the state of North Carolina since I have been fully paying... Read more »

Ben Corcoran
Ben Corcoran answered on Jul 12, 2021

No, but you can demand that your family pay their portion of the taxes going forward and ask for back taxes. If you do this they may be willing to sell/give you their interest in the land.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: Is a formal eviction necessary to be removed from a motorhome being stored on a commercial property.

Would the eviction process be used to remove tenants from unlawful residency..?

If code enforcement were involved would it be necessary for them to evict tenants..?

Alexander C. Safarian
Alexander C. Safarian answered on Jul 10, 2021

We need more facts to give you a certain answer but it is likely that you will need to file an unlawful or forcible detainer action to remove the dwelling if it is occupied as a residence.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Kansas on
Q: Is adverse possession legal in Allen county Kansas? Can legal owner object to it and retain property
Scott C. Stockwell
Scott C. Stockwell answered on Jul 7, 2021

Adverse possession in Kansas is a statutory created right and would be the same wherever the circumstances arise. The statue is relatively succinct and straight-forward:

"60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who...
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1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Does a subdivision restrictions apply to the property line between a subdivision property and a non-subdivision property
Anthony M. Avery
Anthony M. Avery answered on Jul 7, 2021

Arguably yes. But it is doubtful that anyone would try to enforce such a restriction violation on the boundary line, especially without a recent survey. The non sd tract owner might want to back up a half a foot or so, and then construct whatever.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Probate and Estate Planning for Texas on
Q: I have a home on my grandmother's property that was left to be inherited by my mother and aunt equally. What happens?

Aunt wants me evicted. Mom wants me to stay. I cannot upgrade septic for house I own (no land payment agreement from deceased grandmother) or move mobile home onto same acreage without aunt's signature or do anything at all without causing a fuss. What do I do? Its a Ladybird will with no... Read more »

Teri A. Walter
Teri A. Walter answered on Jun 29, 2021

The property owners (your mother and aunt) both have rights to use the property, which include the right to lease it out. If there's a written lease, that will govern who can evict you and why. If there's not, you're a month to month tenant, and the oral lease agreement can be... Read more »

1 Answer | Asked in Environmental and Land Use & Zoning on
Q: I have a water leak in my bathroom , the unit above won’t fix it and the building management says they won’t either

If the unit above is responsible for it how can I get them to fix it

Tim Akpinar
Tim Akpinar answered on Jun 28, 2021

You could continue to await a response, but you'll have better chances of meaningful input if you repost and add Landlord-Tenant as a category. There's no need to include personal information, but it would help to include a state - L-T law is state-specific. There's no guarantee that... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kentucky on
Q: Reference to old land surveys and deeds

If a neighboring property deed from 1908 has reference to bearings in an original survey in 1863, should any surveys performed thereafter be performed using the magnetic north declination in that same year? If a new survey was performed in 2011 using 1983 bearings and caused a defect in my new... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Declination is always a problem that is rarely addressed until a surveyor gets cross examined. Apparently it is the adjoining property's calls with the 1863 bearings, not yours. You and your predecessors have probably acquiesced to a ascertainable boundary over the years, and you probably... Read more »

1 Answer | Asked in Intellectual Property, Land Use & Zoning, Probate and Real Estate Law for Wyoming on
Q: Can the owner of the land sale the land if there is property on it thats wrap up in probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 21, 2021

Your question is unclear. If there is only one tract, then apparently the alleged owner is actually only a tenant in common and the Probate will need to be closed prior to sale. If more than one tract, then the alleged owner may be able to convey the tract he owns. The Probate may only be... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Lemon Law for Maryland on
Q: "The law does not stand anywhere." Is this a fact of legal theory, or just something with which to hit me on the head

Your statement: The Law does not stand anywhere. Et tu quo que.

Your view of the Law depends upon where you stand; and where you stand depends upon the Laws view of you.

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

The law’s view of condo governance is that the condo documents control, except where they don’t. There is no statute on BBQ on the balcony unless it violates fire code, but the condo association MIGHT be able to regulate it… if they did it correctly… which they often don’t.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: I bought the house, and land; not included were two small barns; with underground electric fed from the house.

I bought the house from the ex-wife; the ex-husband apparently owned the two small barns on the small adjoining lot; with shared utilities from the house. I've been told by a realtor that the small lots cannot be separated from the main property in this way by the previous owner divorcees. I... Read more »

Richard Sternberg
Richard Sternberg answered on Jun 19, 2021

The law doesn’t “stand” anywhere. Your presumably discount purchase and closing resolves who owns what. Get a lawyer to read and interpret your deed and then look to the title insurance to defend your deed. If you have neither a recorded deed nor title insurance, your payment of taxes is... Read more »

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2 Answers | Asked in Land Use & Zoning for Florida on
Q: Are they any lawyers on the pro bono list of lawyers whom handle very bad neighbor issues, involving a series of events?

Neighbor issues of on going events of harassment since December 19th-2020 to current. Some involves a fence I paid for $600.00 as I want reimbursement for all the emotional distress and damages he has done to the fence.. He has carpet tacks which he furiously bashed them to fence all across top and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 18, 2021

There is no "pro bono list of lawyers". I suggest you schedule a consultation with a general practice attorney in your area to at least obtain advice, if not also representation that should start with a cease & desist letter.

If you cannot afford to consult or hire a lawyer,...
Read more »

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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Land Use & Zoning and Small Claims on
Q: I need a form and i need to ask how to get the form from a attorney that can send one to mhmr by fax if the attorney can

I need a attorney that can help my with infomation of a form i need

Tim Akpinar
Tim Akpinar answered on Jun 18, 2021

A Texas attorney could advise best, but your post remains open for three weeks. I'm sorry you received no response, but an attorney could give you better guidance with some additional information about the type of form you need. There's no guarantee that all posts here are picked up, but... Read more »

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