Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: If I am given a 3 day notice from landlord at the same time the governor declared a state of emergency is it still valid

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Answered on Nov 15, 2017

Yes. The landlord has complied with the requirement that the tenant be served with a 3-day notice. This notice period is not extended by the state of emergency.
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Q: What do I do if someone kicks me out and now demands rent.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Pennsylvania on
Answered on Nov 13, 2017

Kicking you out and calling bad name falls under violence/criminal assault. Report this matter with full details to your area police for action.

If you have options better move out.
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Q: When My Great Grandmother died 1942 My Grandmother never received her Inheritance. Orange County, FL. How can we claim ?

1 Answer | Asked in Real Estate Law, Civil Rights, Federal Crimes and Land Use & Zoning for Florida on
Answered on Nov 13, 2017

There is absolutely no way to answer a question like this via this online forum. Many many issues and the amount of time that has passed likely make this case not viable. But if you want to pursue you need to get offline and get into a real estate attorney’s office in Orange County and hire the attoeney to do the massive amount of research to even to see if you have a remote chance of success.

Good luck.
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Q: How to appeal county decision of vandalism on county sewer line backup/surcharge into home?

1 Answer | Asked in Gov & Administrative Law, Civil Litigation, Land Use & Zoning and Real Estate Law for Virginia on
Answered on Oct 31, 2017

I am sorry but I do not handle that type of matter. You may want to call the Bar Association of the city or county in which you live and ask for a lawyer referral for your situation.
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Q: Can a FL Municpal Taxing District be co-owned by a private group? Issue is spending public funds on private property?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Answered on Oct 30, 2017

No way to say without a lot of details and research. If you want a specific answer you should hire a lawyer in your area to research the tax district and Florida law to see if the way things are being done are legal or not.
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Q: Neighbor is running a auto mechanic shop on a residential zoned lot. Sub div covenants prohibit it. What action?

1 Answer | Asked in Land Use & Zoning for Louisiana on
Answered on Oct 26, 2017

If it is rural, you may not have a property management company enforcing the restrictions. If that is the case, you may still be able to rely upon municipal/parish zoning. If the neighbor is running a business, with traffic, out of a residence, zoning/code enforcement may be able to put a stop to it. Ultimately, if you have evidence that potential buyers become disinterested in the home due to the traffic,you may also have the ability to send a personal cease and desist (showing the shop...
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Q: I currently reside in Butler Pennsylvania and was curious as to the riparian rights concerning non-navigable waterways.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Answered on Oct 25, 2017

Depends on width, depth, as to whether you can walk down it if you are not one of the landowner's.
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Q: My neighbor has 35 cats, they are constantly in our yard and peeing on our house, making it smell,Can we shoot the cats?

1 Answer | Asked in Civil Rights, Land Use & Zoning and Animal / Dog Law for Ohio on
Answered on Oct 25, 2017

You can't shoot them. Talk to your local animal control or SPCA. They might issue a citation to her. Or try to get the local building and zoning department, or some other city office, to take action. You could also consider filing a nuisance action in court. Use the Find a Lawyer tab to consult a local attorney to advise you.
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Q: My sister is going into a nursing home..she deeded the house to me ..but I was told the state will take the house

1 Answer | Asked in Elder Law, Land Use & Zoning and Real Estate Law for Alabama on
Answered on Oct 20, 2017

Your best course of action may be to consult with an "elder law" attorney in your area. The rules on Medicaid eligibility can be complicated. Based on the situation you described, Medicaid could not take the home because your sister deeded it to you. However, Medicaid will deny her services as she made a transfer of assets within 5 years of making her Medicaid application. In other words she will be ineligible for Medicaid for a certain period of time (a penalty period calculated based on the...
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1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Oct 17, 2017

You most likely would have to file a notice of claim with the NYC Comptroller First and then file a suit in the NY Supreme Court, Bronx County.
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Q: There are no leases where I am currently renting. The tenant next door has made his apartment into a barber shop. I have

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Tennessee on
Answered on Oct 16, 2017

If there is no lease, then there are no restrictions on the use of the premises. It also means you are not locked in to a definite term, so you can leave whenever you want, ( provided you give the appropriate prior notice to the landlord.)
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Q: Fence property line

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Texas on
Answered on Oct 11, 2017

The house will sell according to the survey plat. If the fence is outside the parameter of the plat then it is a problem. You might be able to "give" it to the owner of the land or remove it completely and restore the other owner's land to the point it was before the fence was erected.

There are also time elements to consider, how long ago did it happen, who has paid the taxes until now, did the other property owner have knowledge of it all along and did they ever do anything, etc....
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Q: I have a few questions concerning a drive way easement that we were granted a few months ago.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Answered on Oct 11, 2017

Generally speaking, when someone builds a structure on a property bordering, the non-owner of the structure, does not have the right to just tear it down.

Have you spoken with the new owners to try and correct the situation? It may be necessary to attend a mediation or take legal action if they refuse to remove the fence.
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Q: my sister bought a house and a few months later had to shellout $8000 for a new roof. Can she sue the previous owner?

2 Answers | Asked in Land Use & Zoning, Lemon Law, Real Estate Law and Small Claims for Ohio on
Answered on Oct 10, 2017

Anyone can sue anybody for anything. But litigation is expensive, and the cost of litigation to prove fraud, could be nearly what she is claiming in damages, and the seller would not have to pay her attorney fees even if she wins. And she could lose - if a court determined that she should have gotten a more thorough inspection of a 1960s vintage home. The court could say she should have had a roof inspection that could have told her it was the original roof. The seller could deny telling...
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Q: Landlocked land in morrow county due to I 71. What recourse do we have today as the current landowners?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Answered on Oct 6, 2017

Since you did not purchase the real property already landlocked, you should be able to file an action in the Common Pleas Court to obtain a proscriptive easement.
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Q: What would be the best way to go about buying the land or whatever?

1 Answer | Asked in Contracts, Land Use & Zoning, Mergers & Acquisitions and Real Estate Law on
Answered on Sep 28, 2017

There are a variety of ways to protect your investment in the farm. You could buy your father out now on an installment sale so when he dies, your family gets paid the remainder and the money is split according to your father's Will or Trust. Your father gives you a note which is interest only and becomes due when he dies and you can use the Note to offset the purchase price. Your father can give you an option to buy the farm at his death for a specific amount and with appropriate terms,...
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Q: Mother died. Left house, buyer claims all land with purchase. Half property 100% to mom's sis who didnt sale. What now?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Answered on Sep 24, 2017

Ask the lawyer representing the sister to contact the title company. The title insurance insures that the seller had good and marketable title to what was sold.
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1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Answered on Sep 22, 2017

Best answer, since I do not have a copy of the lease to review is maybe.

Based upon the 2 years of asking and likely new or compounded issues from hurricane Irma you are probably at the point to want to seek legal action. If so then you need to consult with a tenant attorney in your area about the specifics of your lease to determine if the lease requires the landlord to fix or replace. To be clear Florida law does not require that a landlord provide AC but if the same was added to the...
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Q: How to get a drug addict roommate to leave the house as quickly as possible in Ohio?

1 Answer | Asked in Criminal Law, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Ohio on
Answered on Sep 21, 2017

Your friend is in a tough spot. The aunt has to be the person to evict him, as she is the owner of the house. That process requires a 30 day notice, then a 3 day notice, then a couple weeks for a hearing, then a week or so for the eviction. There are special provisions for a landlord to evict a tenant suspected of drug activity, but then the aunt will find out. The aunt should use the Find a Lawyer tab and consult a local attorney to assist her.
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Q: Can I relocate a right of way on my property to another location on the property?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 18, 2017

If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of...
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