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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: How do I obtain a child care license in Westville NJ? I have a commercial building that is 5,100 sq ft. What do I need?
Morris Leo Greb
Morris Leo Greb answered on Nov 28, 2020

My response only address the land use issues portion of your broad question. You will need to meet with the zoning officer to discuss what is required under the municipal ordinances to determine if the use is fully compliant and to obtain an occupancy permit. If not fully compliant and depending on... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: The County Sheriff's office issued to my addresses on number and street that doesn't exist?

When I bought the house in 2000 I closed had a title company paid for title insurance and the owner either committed fraud or just try to get over. The person I bought the house from has adjoining land ,that he said was the easement and I have being using it every since. But I just tried to... Read more »

David Soble
David Soble answered on Nov 28, 2020

An experienced real estate attorney will have to see your purchase documents, the title work and the title abstract at the time you purchased the home. These type of cases take time to develop and unwind. To use the term "fraud" is to imply that the seller had a 'willful and knowing... Read more »

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2 Answers | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for New York on
Q: I bought a house with a "friend", realizing too late I've been manipulated. Can I "break" our agreement?

I should have gotten a lawyer to represent my interests at the time, but our co-homeowner agreement seems very lopsided now. I don't want to sell or take on another mortgage, but I need some kind of relief from the onerous conditions she keeps imposing. These include limiting my privacy,... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 28, 2020

One option as a starting point could be to arrange a consult with an attorney to review the agreement. Without seeing that, it could be difficult for an attorney to advise meaningfully, solely based on general principles of contract law. Good luck

Tim Akpinar

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1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maine on
Q: My mother has been taking care of some rental property for a man who is now deceased. What can she do to take ownership?

She lives in Maine, has been paying the taxes on the property and isn't sure if the deceased man has any family.

Fred Bopp III
Fred Bopp III answered on Nov 27, 2020

I am sorry, but I do not think your mother has any right to take ownership based on her paying the taxes on the property. If she is interested in finding out who owns the property now, then she should check the local registry of deeds records to see if the deceased man owned the property in only... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone who does not have right of way force you to remove a gate on your driveway. Their land is on other side.

Hello. We have just installed a gate on the road leading to our home. We own the land. Neighbors must use a portion of our road to reach their driveway which we gave ample room for with the install. Their right of way ends at their driveway. They were told about our gate install. The location was... Read more »

Fred Bopp III
Fred Bopp III answered on Nov 27, 2020

I am sorry, but I am having a hard time picturing where everything is located based on your description. Also, you say “[t]heir right of way ends at their driveway.” But you also say they are demanding you “remove the post on their side.” You also ask if you are “legally forced to remove... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Do You Need A Work Permit Regarding Adverse Possession

Or Or Is It Regarding Enment Laws Landlord/ Tenant

Richard Sternberg
Richard Sternberg answered on Nov 26, 2020

I'm sorry. This question makes no sense at all. You need to retain someone to help you write a question. I do not understand how the concept of a work permit interconnects with the concept of adverse possession. You need a work permit to perform certain types of work on real estate, and you... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: This is related to a joint land ownership

My father and his brother do own a land which is a joint land inherited from their parents. My father's brother has back then (more than 30 years ago) has told my father that he won't mind my father demolishing the old parents house and reconstructing the house as he won't come to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

It appears an Action for a Sale for Partition will need to be filed. Apparently both brothers own the home.

1 Answer | Asked in Contracts, Real Estate Law, Construction Law and Land Use & Zoning for Texas on
Q: As a recent property owner, there's a pipeline easement that was recently purchased by the developer.

They are requesting a "contribution" in a contract agreement to abandon the easement. Do I have to pay any "contribution" requested from the easement holder to abandon the easement? What are my options to terminate the easement that has not been in use for over 40 years and is no longer be needed.

Teri A. Walter
Teri A. Walter answered on Nov 24, 2020

It sounds like the developer is trying to make arrangements for an agreement to abandon the easement. If they're asking for a "contribution" that sounds like a voluntary thing, but it's not clear where the easement runs. If you are one of the property owners across which the... Read more »

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... Read 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 Estate Planning and Land Use & Zoning for Arkansas on
Q: Do I need my husbands signature to sell land that is in both our names?
Steven J. Fromm
Steven J. Fromm answered on Nov 20, 2020

Yes, indeed. If the current deed has both of your names as owners then you must have him sign any deed transferring ownership to a buyer. Arkansas may allow a power of attorney to sign for him but you need to speak to a real estate attorney in your state to see if this is possible.

1 Answer | Asked in Land Use & Zoning for Connecticut on
Q: The previous owner of our property stole land from our neighbor to expand driveway 10 years ago who legally owns It now

Our neighbor is trying to cut into our driveway to get back to original land plots but she never disputed it when the previous owner took her land and we bought it with the driveway as is

Joseph B. LaRocco
Joseph B. LaRocco answered on Nov 18, 2020

Adverse possession is recognized under Connecticut Law and requires a 15 year period, pursuant to Connecticut General Statutes Section 52-575.

Adverse possession is a method of acquiring title to real estate, accomplished by an open, visible, and exclusive possession uninterruptedly for a...
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1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Arkansas on
Q: If my Mother and I purchased a piece of property can the original owner sell it again if I hold the original Deed?

My Mother and I purchased a piece of property from a friend of my Mothers that was getting older in age. This lady signed all of the necessary paperwork and we had everything properly notorized and dated. Now 2 years later this lady has sold the same piece of property to somebody else. Is this... Read more »

Paul Dumas
Paul Dumas answered on Nov 18, 2020

Assuming everything in your question is factually correct, the answer would most likely depend on whether, and when, you filed your deed of record with the Circuit Clerk of the county where the property is located. If Your deed was not filed prior to the 2nd conveyance your deed may no longer be... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: I live in north Carolina and have been squatting at a fairly expensive home like 1.2million does that affect the claim?

It's a huge home that's not had any interest from potential buyers the entire decade I've been squatting there... although the powers always on and I've only had one encounter with the real estate agent that is employed by a company... I live in a little town where mansions are... Read more »

Ben Corcoran
Ben Corcoran answered on Nov 17, 2020

You need to "squat" for a minimum of 20 years before you could bring an action to have the house transferred to your name.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: How can I fight to contest rpa871.My neighbor is requesting to have my fence remove from on my boundary line.

I’ve lived at this property for over 10 years they recently purchased their property which is already fenced

Toshinori Isoai
Toshinori Isoai answered on Nov 17, 2020

We need more factual background to better answer your question.

If your fence height is less than the legal max and it's located on your property, then RPAPL § 871 won't help the new owner requesting for removal of your fence unless it's encroaching on his/her land.

2 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Adverse Possession Can You Adverse Possession Two Campuses And And The Whole Two Campuses With Different Buildings.

And And Can The Land Be Just Adverse Possession Regardless Of The Buildings Of The Two Campuses.

Richard Sternberg
Richard Sternberg answered on Nov 13, 2020

By “campuses,” I’m going to assume you are referring to the common use of the word referring to the collected buildings of a university, college, or other openly used area of property in which a large community collects for an educational or other purpose. If that is so, then you are there... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: Does a title company have to notify the buyer and seller of a house of any encumbrances they discover prior to closing?

After closing on a home, the county contacted me saying the property lines for the home I just bought are incorrect. After speaking with the county, the title company contacted the county about this issue. However, the title never notified myself or the seller about this issue prior to closing.

Thomas B. Burton
Thomas B. Burton answered on Nov 13, 2020

I would carefully examine your title insurance policy on the home to see if the issue was discovered during the title search and discuss this issue with a real estate litigation attorney in your area. The title company should have run a title search before issuing the title insurance. If the issue... Read more »

3 Answers | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Maryland on
Q: Is Adverse Possession And And Squatting Two Different Things And Is Lottering Trespassing Breaken In Entey ( BNE )

The Same As Or As In Squatting Or Adverse Possession

Anthony M. Avery
Anthony M. Avery answered on Nov 12, 2020

Squatting is a slang term for the legal status of Adverse Possession. Anything to do with Trespassing is not Adverse Possession because the Defendant is cognizant that someone else is entitled to exclusive possession of the premises.

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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Colorado on
Q: Looking to buy land and raise a few animals. Old covenants forbid it but are no longer enforced!

We are looking to buy 3.25 acres of land in la plata county Colorado. The covenants forbid chickens and cows but are from the 1970s and no longer enforced. We want to raise a few animals for personal use. Is there a way to protect ourselves moving forward? If someone decides to now enforce these... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 12, 2020

You will have to appeal to your local zoning board to get the property rezoned. I would recommend consulting with a real estate attorney

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1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: Hi I bought a wooden garage years ago and I thought that I bought the land aswel? But recently I found a note stating

Stating that the land had been sold! Now they are asking me to leave eighter taking my 2 garages with me or he will get rid of them. I run a business from 1 and have paid for electricity to be installed! Were do I stand. Pls can someone advise me thanks

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

It appears that you did not check out the property before you bought it. Do you have a Deed? Have you been paying taxes? You may have bought property, but not correct where you thought it was. Hire a competent attorney today to conduct a title search. A survey may be needed as there may be... Read more »

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.

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