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Land Use & Zoning Questions & 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 Land Use & Zoning and Real Estate Law for Virginia on
Q: Hi My grandfather owned a tract of land in NOLA and he passed away in 1988. I am searching to find ownership now

My mother gave me a letter from 1988 stating a lawyer would contact her from NOLA and that never happened. I have no idea what happened to the tract of land. DO we still have any rights to the land?

Richard Sternberg
Richard Sternberg answered on Feb 11, 2020

It’s unlikely, but it’s possible. The answer is learned by ordering a title search, and that will cost money.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Ohio on
Q: Our neighbors have 12 dogs that they keep inside their home. Is that legal outside of a municipality?

When they are outside, they bark continuously. Every time we go outside we have dogs barking at us. We have complained to the township trustees, and have even called the sheriff a couple times. The only answer we get is there is no law governing this. The only thing the township told me is that... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

Have you talked to the neighbors about it? If there is no local ordinance, then your options are limited. Use the Find a Lawyer tab to retain a local attorney who can review the facts and discuss filing a nuisance lawsuit. But neighbor problems are difficult to resolve, and can escalate,... Read more »

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 sign... 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..

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I'd like to buy about 1/5 acre of land from my neighbor in Knox County, TN. What steps should I take?

The couple who owns the property is going through a divorce and planning to sell the property soon, but has not yet listed it. Should I approach them before they put it on the market?

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2020

You can make an offer now, while both own it. But it will not be simple, as you need a survey, and may possibly have to work out an easement. You need a title search first. After you do all this, the conveyance may not be made.

1 Answer | Asked in Family Law and Land Use & Zoning on
Q: Any idea how to divide a land among six children in a family

There's a 15 acres land which is not devided among children yet.There are 6 in this family & Dad is gone .

Recently mom has given a half of land to two of her sons and the rest is been divided into 6.Two daughters wouldn't accept their parts because there are some pits on the ground.Any... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 2, 2020

There's a section on this question board for Real Estate Law. You could try reposting your question there, and you would stand better chances of it being picked up by a real estate lawyer. Good luck

Tim Akpinar

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: In the context of a condominium, what is the definition of a single family residential dwelling?

The condominium docs specifically state "each of the units shall be used and occupied only as a single family residential dwelling by the unit owner, members of his family, his guests, invitees, and lessees and, in the case of lessees, their families, guests, and invitees. Numerous owners who rent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

The definition should be in the documents. But it appears that the quoted language contains inherent ambiguity. The association needs to look into clarifying the documents, if possible. If that's not possible, litigation might be in order.

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1 Answer | Asked in Car Accidents and Land Use & Zoning for Arizona on
Q: what happens if i park in a no-parking zone and im not with the car and the police is taking pictures of my car

i parked in the desert in a no-parking zone and i left it there at night and 4 cops were taking videos and pictures of it

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

Looks like you will receive a citation. If it was a protected area could be citations on that as well. If it was an area around a military facility you may have additional charges it it was posted as a restricted area.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: Can someone else legally have my land surveyed without my permission in the state of Tennessee
Anthony M. Avery
Anthony M. Avery answered on Jan 20, 2020

Absolutely. A TN Registered Licensed Land Surveyor has a License to allow him to survey virtually anywhere in TN. He is not trespassing. Obviously every landowners' property has common corners to someone else's land.

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: We recently purchased a new home. We asked our neighbors about installing a fence on the property line and ....

They all gave us the go ahead. We checked the Lebanon County, PA rules and there were none. We had a company come out and start to install our fence (vinyl 6ft high) to be served with a cease and desist from developers who sold the land to the builder. The builder didn’t disclose the deed... Read more »

Mark Scoblionko
Mark Scoblionko answered on Jan 18, 2020

This, among other reasons, is why people should have lawyers when they buy houses. A competent lawyer would have asked the title company for copies of the restrictions, and you would have then known what they were. However, you may have a legitimate beef with your title company for not providing... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you, add a... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't believe he... Read more »

Whitney Benjamin Polson
Whitney Benjamin Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Looking for Real estate information on property in Puerto Rico

My mother is the last living sibling and her father has a piece if property in Puerto Rico. My mother only knows the name of the area. How can I find out where it is and include that info in her will that we are trying to draft.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. You will need to do a Property Registry study to find the location of the property. This can be done by an Attorney at a reasonable fee.

If you need additional information please feel free to contact me directly. Happy New Year...

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose Jr.
Mathew Paulose Jr. answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to the... Read more »

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