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Land Use & Zoning Questions & Answers
1 Answer | Asked in Criminal Law and Land Use & Zoning for California on
Q: is it illegal to jump someone's front yard fence for just a few seconds
Dale S. Gribow
Dale S. Gribow
answered on Jan 28, 2023

yes

you are trespassing, which can be civil or criminal.

1 Answer | Asked in Estate Planning, Collections, Construction Law and Land Use & Zoning on
Q: Dependancy & Neglect case, can you file a motion for Judgment and Order for Possession to get your children back?

Your children are considered your property. In a D&N case the children were unlawfully removed under fraud (have proof) the children were removed @ birth. Falsified allegations in order to get an Ex Parte warrant, then removed the allegations from the petition before the 72hr court hearing to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 26, 2023

Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Who enforces property deed restrictions, no HOA, in my subdivision regarding neighbor with hogs. Deed states no hogs

Hogs up against my fence causing ungodly odor, noise, filth conditions. Sheriff's department will not help. Deed restrictions states no hogs at all !!

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

Any homeowner in the subdivision has standing to enforce the deed restrictions.

You can hire an attorney to secure a permanent injunction against your neighbors for violating the restrictive convenants and seeking a money judgment for any damages caused to your property by the hogs....
Read more »

1 Answer | Asked in Contracts and Land Use & Zoning for Kentucky on
Q: Hello, I had a hunting lease the last few years and we backed out after issues.

The property is owned by a conservation company and they kept doing work every dear season and they always told us they was done but then would do more work at inconvenient times. We didnt sign a contract this year but i had sent a check to secure the property. Things went south and we pulled out.... Read more »

Timothy Denison
Timothy Denison
answered on Jan 22, 2023

If you didn’t sign a contract there is no agreement for this year absent an oral contract if you agreed.

Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

Dale S. Gribow
Dale S. Gribow
answered on Jan 20, 2023

Based on the facts presented, NO, they could not search you and your home...

unless they have probable cause.

Maybe have a friend with you to verify what happened.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: We're part of a HOA, but can't vote on rules changes. Should we be subject to rules we can't vote on?

We own a parcel of land across the state. We're part of a HOA, although our lot is separated by a half mile from the main grouping of homes that are on a cul-de-sac. The main grouping has voting rights on rules changes, but we do not. The HOA wants to change the Home Rental clause (think Air... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 18, 2023

It is impossible to say without reviewing the HOA rules.

The 'short' answer is 'probably'

As a private entity, they can set rules however they want including the rules about amending and voting on rules. If you don't like that, you shouldn't have...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Municipal Law and Land Use & Zoning for Michigan on
Q: Can I legally move (via tow-truck / paid service) another person's car from my property?

Next door neighbor owns a car (junk, not running); the car sits in the back yard between our houses. The car straddles the property line. It's been there for years. I want to clean up my back yard, get landscaping, and put up a fence. The car must be moved. But, my neighbor won't move... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 17, 2023

IF (and that is a HUGE unknown!) the car is on your land, the neighbor is trespassing.

Are you 100% Absolutely Positively Undeniably CERTAIN of us on your land? You can have it removed but not necessarily onto the neighbor’s land — unless they neighbor consents to that. (You don’t...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: I own 2 lots in NJ that are accessed only by a paper road there is no other access and the town won’t repair the road

The town refuses to repair road and won’t let me repair the road

The road is basically impassable and I can’t access my lots

Said road is listed on the tax maps as an

“Unimproved road”

I have no desire to merge the lots

The road is roughly 1 mile... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Dec 30, 2022

You have raised several important questions which require more factual information as follows:

1) Possible merger of the lots

2) Confirmation that paper road is shown on a filed map

3) Cost of installing a road conforming to municipal requirements

4) Prescriptive...
Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbors are parked in a driveway not belonging to them.

They live at 1342 and parked in the driveway of 1351

Mark Oakley
Mark Oakley
answered on Dec 26, 2022

If they are parking in your driveway without permission, go ask them to move their car or have them towed. If it’s not your driveway, it’s none of your concern. Plus, how do you know they don’t have permission to park there from the owner?

1 Answer | Asked in Land Use & Zoning on
Q: on my land how can court provide permanent injunction who doesn't have any rights to drive tractors

Judgment is pronounced. (V.S.J) In the result, the suit is decreed with costs in favour of the plaintiffs, granting permanent injunction, restraining the defendants, their men etc., from interfering with the plaintiffs usage over XX1, YY1 marked joint pathway as shown in the plaint plan for their... Read more »

John Michael Frick
John Michael Frick
answered on Dec 23, 2022

Sounds a lot like an access easement.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Louisiana on
Q: How do you enforce restrictions in a subdivision
Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 21, 2022

You need to review your subdivision's governing documents and see what those documents say as to how to enforce subdivision restrictions---most of the time it says a property owner or the HOA (or even sometimes an interested party) can file the suit. Another thing you want to review and... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for North Carolina on
Q: Cannot get neighbor to agree on a line agreement after her surveyor and ours want sign papers. What can we do?

Have tried several times to get neighbor to meet and agree on boundary. We cannot proceed with our home.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 20, 2022

You will probably have to sue the other adjoining landowner for a Boundary Line Dispute. It will be difficult and expensive. It does sound like you have an expert witness, and I hope he can persuade the Judge. Quiet Title, Ejectment and Trespass may be additional causes of actions. Hire a NC... Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: Someone parked the car on our residential driveway in California. What should I do?

Is parking to neighbor's driveway legal? I want to know what action can I take. I do not know the owner of the vehicle.

The vehicle is blocking my car to get out of the garage.

Thanks

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Call your local police or sheriff's department and have them tow the vehicle.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Maryland on
Q: My landlord did not provide detailed documents as stated in Md. Code, Real Property § 8-212.4. Should I still pay?

Water/sewage is stated on the lease which was signed on 2/01/2022, but as stated in Md. Code, Real Property § 8-212.4, I was not given proper information and only was given a notice on 6/26/2022 that I would have to pay water starting 9/1/2022. I just received my 1st bill this month and it’s... Read more »

Mark Oakley
Mark Oakley
answered on Dec 14, 2022

Request --in writing, and dated-- the detailed utility invoices for the property and how the amounts billed to you were calculated. Cite the code section. State that their request for payment does not meet the Code requirements for supporting documentation and billing details, and that upon... Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning on
Q: If a neighbor has been pasturing your property for years that is not fenced can he claim title to that section of land?

I have about 1 acre on top of a bluff that a neighbor has pastured for many years. There is no fence establishing a property line. I have put a tree stand for hunting on that acre and the neighbor wants me to remove it. He says he owns it because he has been using it for many years. I have been... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 7, 2022

Adverse Possession of the tract is very possible here as the other landowner is exercising ownership for many years. Acquiescence to a discernible boundary line is probably not an issue. Check your payment of taxes and what property you are assessed for. This is serious and you may have to... Read more »

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Q: Who owns/has rights to a paper street if the township has not developed it for more than 50 years? What rights do we hav

A builder has bought lots behind the two front abutting properties for residential development. The builder asked the two abutting property owners to vacate or sign his lawyer's legal paperwork ceding their portions of the paper street to him. The builder can access the property for... Read more »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Nov 30, 2022

Anyone may improve the road subject to municipal requirements as the municipal 'owns' the right of way. If an application to vacate the private road, one half goes to each property that abuts the right of way. It would be worthwhile speaking to the municipal engineer to determine whether... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Our neighbor is the owner of a shared easement with us. We maintain. Can I push snow onto their land . .

We maintain the land and have only six feet easement beyond the road at that point in the easement. She shares the easement in that area. Since she benefits and there is no other place to put the snow, if the land I push over the embankment lands on her land is it illegal?

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 26, 2022

Whose land is the easement on? Yours or hers? It sounds from your question that hers is the 'dominant estate' and yours is the subservient one?

If that is the case, then you are moving snow from HER land that you have a right to use, onto HER land, that you don't have a...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Idaho on
Q: In Idaho, when doing a lot line adjustment, if there are any liens or such on property do they stay with original lot?

Neighboring owner is selling us 4.6 acres that attaches to our property.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 23, 2022

If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought land that has 2 easements on a lake. One is for ingress/egress via 25'w 60'L to waters edge,

The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.

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