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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: In the state of Georgia what power does the county have if your land does not perk?

We had to stop our neighbor from digging a trench to drain the sewage from their home into our intermittent creek. Our question is, what can the county do about a situation such as this one? Can they condemn the home if the owner refuses to find a way to control the sewage coming from his home.

Michael D. Birchmore
Michael D. Birchmore answered on Oct 27, 2021

Your time might be better spent by contacting the Georgia Department of Natural Resources to report this matter; the Environmental Protection Division (EPD) in particular. It is usually taken as a serious matter.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: I have a quit claim deed that needs to be reviewed. I want to know how much of the land is given to each party?

Does Betty Rainwater retain any of the land?

Does Susan Rainwater get one half of the land?

James Tack Jr
James Tack Jr answered on Oct 21, 2021

Generally, a quitclaim deed conveys all of the interest of the grantor at the time of the conveyance. However, it all depends upon the actual terms of the deed. You will have to have the deed reviewed by an attorney.

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1 Answer | Asked in Real Estate Law, Appeals / Appellate Law, Civil Rights and Land Use & Zoning for California on
Q: Is there anything i can do a night before the writ of possession is executed by the sheriff tomorrow?

I have the grant deed to my property and i have failed to make it to court, the papers i was given had incorrect spelling of my name and the plaintiffs name was not even the person involved in the case so i thought they were a hoax but the sherrif showed up saying i have 5 days and tomorrow being... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 20, 2021

You need a lawyer.

You should have asked this question a month ago.

Now it is too late to do anything but be prepared to leave and take as many of your belongings that you can take with you. But you still need a lawyer. Look up the Orange County Bar Association's website and...
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1 Answer | Asked in Land Use & Zoning for Oklahoma on
Q: What is the paragraph in Title 19 to read/learn about easements (33 ft) in southwest Oklahoma please
Charles Watts
Charles Watts answered on Oct 14, 2021

19-865.51 through 19-869.7 are the statutes regarding zoning of county/city/lake planning/etc... With that said, counties and cities have some flexibility to set their own limits, in which you would have to check with the county commissioners in a county, or the city codes for a city.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Maryland on
Q: Still waiting: Does the State of Maryland require [by law] that an HOA be formed to enforce covenants?

I posted this question last week and received one very eloquent response as to the wisdom of forming an HOA so as to enforce covenants BUT, at the end of the day, I did not receive a straight up "yes" or "no" answer to my question which again is: "does the state of Maryland... Read more »

Thomas C. Valkenet
Thomas C. Valkenet answered on Oct 12, 2021

Yes. The phrase "in place" means properly organized, and in good standing with the State of Maryland. There are instances where an HOA described in recorded declarations has been allowed to lapse, or is no longer functioning. There are reported appellate court decisions describing what... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: In the state of Maryland do existing covenants (came attached to the land plat) require the formation of an HOA?

Our community (13 houses on 75 acres) was established ca 1985 and the developer established and controlled the covenants, this until January 1, 2010. After that, these covenants revert to the lot holders (13 homeowners). As the document reads, these are currently enforceable by each lot owner BUT... Read more »

Mark Oakley
Mark Oakley answered on Oct 11, 2021

If the covenants cover aesthetic issues like the type and color of roofs, whether windows are allowed on car garage doors, the type, location and set-back requirements (or prohibition) of sheds, sunrooms, fencing (including limits on type of fencing materials), location and type of shrubs, parking... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for North Carolina on
Q: My husband has a life estate in the house we are living in. We recently married. If he dies what rights do I have?

Would having a lease agreement between us make it possible for me to remain here for the period of time of the agreement? My concern is being asked to move immediately.

A. Jase Allen
A. Jase Allen answered on Oct 10, 2021

A life estate means he has rights during his lifetime. If he were to pass away, you don't have a life estate too. You may want to get a written agreement with the home owner, like an option to enter into a lease agreement if your husband dies.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My Grandfather fought in court for his land since he had since he was 16. He built a small house there.

Then met my grandma and had 4 kids (never married). They broke up when my mom was in her early teens. He moved in with an other woman. Years later my grandma passes and his son lived in the home on and off. In Vieques there was some property thing that happened and his son put his name on that... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 5, 2021

So you're talking about property in Vieques, Puerto Rico? If so, you must consult an attorney who is a member of the Puerto Rico Bar Association (either a lawyer in Puerto Rico or one who is a member of that Bar but practices elsewhere). Also, even if you were talking about property in... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A non owner relative has put a shed he and dogs are living in on land with no electricity or sewage service?

This person does not own the land, does not have electricity or running water but have decided to clear out land illegally and set a shed he and his animals are living in. What can I do to have him removed to a more habitable place?

Anthony M. Avery
Anthony M. Avery answered on Oct 4, 2021

Are you the landowner? If not then you have no standing to sue. Adverse Possession is very real. If you are the owner file a Detainer Warrant for Possession Only.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for South Carolina on
Q: We sold 3 lands, sign a sell agreement and get payed. now the buyer wants to back up the deal beuse he say thye land has
Anthony M. Avery
Anthony M. Avery answered on Sep 30, 2021

Not sure of your question. But if there was a breach of warranties on the Warranty Deed, or some type of dislosure fraud, then a cause of action may exist. It is up to the buyer, now owner, to sue you. If there has not been a Deed executed yet, then read your Contract about each Parties'... Read more »

1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Can I park my commercial vehicle on the side of my house in pg County
Mark Oakley
Mark Oakley answered on Sep 29, 2021

If it is the type of commercial vehicle prohibited under the Code, then no, the prohibition reaches to all property within the residential zoned area. It does not matter that the vehicle is on privately owned property.

MD Transportaion Code, Section 21-1010 - Parking commercial vehicles...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Maryland Montgomery County, real estate question on sewer easement.

A neighbor’s sewer line run across our property. They had a clog and asked for permission to dig / fix via our front yard since that’s where the plumber says the clog is at. Being neighborly, we gave permission (plumbers dug a hole way larger than we expected) . And Now they want to install a... Read more »

Richard Sternberg
Richard Sternberg answered on Sep 25, 2021

The investigation starts with a title search and survey to know with more certainty than "we are not aware" whether there are easements recorded. There are then some very limited rights that sometimes resolve by necessity, but the caselaw on that is very fact specific. You need to review... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: We purchased a property that has an easement to the land behind ours. Are we able to terminate that easement?

Easement is to the property behind us. The property is primarily woods and pasture area not used. The people who own that land do not use the easement properly and go through out property as an "easier" route. We would like to terminate the easement but are unsure if that's possible.

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2021

Hire a competent AR attorney for specific advice after searching both titles. Easement descriptions do not have to amount to much, not like the property's legal description.

Termination is possible in many ways, but it sounds like they will ignore your efforts and probably will sue you.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Me and my dad Signed a one-year lease at an apartment complex he’s not wanting to pay rent next month
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

If the rent isn't paid, the landlord can evict both of you, if that's what you wanted to ask.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Pennsylvania. Is this the wording of an easement?

Excepting and reserving therefrom all that certain piece or parcel of land set forth in a deed from the grantors herein to John smith which premises are a portion of within described premises and are described in a map referenced in the deed from Mr Jones to John Smith

Mark Scoblionko
Mark Scoblionko answered on Sep 20, 2021

No, it is not an easement.

The original parcel contained some land which was conveyed to John Smith. The deed that you are asking about conveyed everything else except for the part conveyed to John Smith.

Rather than have the land re-surveyed and new legal descriptions prepared,...
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2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... Read more »

1 Answer | Asked in Municipal Law, Agricultural Law and Land Use & Zoning for Maryland on
Q: Is there a way to own a rooster if my county’s municipal code states that owning a rooster is prohibited?

I live in Frederick county Maryland and our municipal code states that only female chickens are permitted; no roosters. There is a rooster at my local animal shelter that I have grown quite found of. I was wondering if there are any ways to get around this rule prohibiting them. Could registering... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

Kinda like asking if there’s a way around speed limits because, well, you are fond of driving fast and speed is emotionally calming to you. If there’s no exception in the law that prohibits roosters, which I have not looked up, then there’s no way around it. Areas are zoned as farmland and... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: 3 of my 6 acres has been used by a neighbor for timber sales without my knowledge. Property is also landlocked. Options?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

So you're talking about theft of your timber? If so, the options would be to call the police to initiate criminal charges and/or to file suit for your economic losses. Don't know why you think being landlocked is an issue.

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I bought a home in Ohio in 2019, the yard was fenced on both sides, but neither fences are on my property.

Now one of my neighbors want to take down my fence and put up his own. Does he have the right to ask me to take down the fence?

Joseph Jaap
Joseph Jaap answered on Sep 9, 2021

Nothing stops him from asking. Work it out with the neighbors, or get a boundary survey to confirm where the property lines are, and then use the Find a Lawyer tab to retain a local real estate attorney to review the survey plat and advise you of your options.

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