Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: In California, our neighbor has an easement on our property which says "An easement for well purposes located within

1 Answer | Asked in Land Use & Zoning for California on
Answered on Mar 27, 2017

This is a great question and unsuitable for analysis in this Q&A forum. Hire a lawyer to review the related documents. See: http://law.justia.com/codes/california/2010/civ/887.010-887.090.html

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in...
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Q: Can my local town force me to put my electric service wires underground

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for New York on
Answered on Feb 27, 2017

Yes, based on various public utilities and construction laws. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...
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Q: Hello, I have a neighbors "Monterey Pine" tree encroaching on my property that is hanging on my telephone and cable

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Feb 24, 2017

The owner of the tree may be responsible to maintain it. If you spend money to cut it, you might be able to seek repayment from the neighbor in small claims court. See: http://articles.latimes.com/1991-09-22/realestate/re-3968_1_tree-owner

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
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Q: Good day. My question is regarding the landlords responsibility to deal with a tenant that is harrasing another tenant.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Legal Malpractice and Real Estate Law for California on
Answered on Feb 22, 2017

Your landlord is legally required to ensure your right to quiet enjoyment, as such is implied in any residential rental agreement. This means your landlord must ensure that the other tenants are not violating such rights. You can remind your landlord about this duty. Otherwise, you can sue. You can also call the cops about assault, theft, noise violations, or other crimes if committed by the tenants. More details are necessary to provide a professional analysis of your issue. The best first...
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Q: I live in a Condo in Dutchess County, NY and my car was towed from the private property at the

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 21, 2017

Liability likely depends on the verbiage of the signage, but in any event you can go to the small claims court in your jurisdiction and name both parties just to ensure that the responsible party gives an Answer.
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Q: Should we settle or fight an imminent domain case?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Feb 20, 2017

Negotiate first, then fight, if the valuations are too low. Consult one or more experienced real estate lawyers with experience litigating eminent domain cases. They can advise about what to expect. Then you'll be better able to decide how to proceed. The contemnor rarely offers a real value on the first offer. If enough owners are successful challenging their valuations, it may get too expensive to do the project. Good luck.
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Q: I thought I was all set with permits to build an addition to my house but my neighbors are blocking it.

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

You can file a response to your neighbors objections with the city or county where the objections are filed. The governmental administrator in charge of your case will review the matter and make a decision. You will be then given the opportunity to appeal or even file a complaint, if applicable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors,...
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Q: can the local government tell me where I can park my vehicles on my own property in an unincorparated part of the county

1 Answer | Asked in Gov & Administrative Law and Land Use & Zoning for California on
Answered on Feb 18, 2017

It depends on whether there is any agreement between the county and the local government issuing you these citations about their policing duties and jurisdictional reach. If not, you may be able to defend yourself with a jurisdictional argument. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications...
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Q: Cable/wire was run underground through my back yard w/no easement. What can I do about it?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Kansas on
Answered on Feb 15, 2017

Get an experienced real estate attorney to look into it and to represent you. If, as you say, they have trespassed on your land and placed a cable or other property across it without your consent (and without an easement), you may sue for an injunction and damages. Contact more than one attorney and hire the one you like best. Good luck.
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Q: Is it legal for code enforcement to fine me for a camper my landlord keeps on the property where I live

1 Answer | Asked in Landlord - Tenant and Land Use & Zoning for Florida on
Answered on Feb 14, 2017

The code enforcement officer presumably gave each of you some sort of a ticket or citation. That document should contain information on how to contest the citation if you believe it is incorrect; a hearing, in other words. Taking those measures, you should explain that the camper is not yours and that you are only renters..
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Q: Can I rent the bar of house separately from main unit?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Answered on Feb 12, 2017

It sounds like you want to rent a room in your house, which does not sound like a problem. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: the town of cicero ny wants an easement across my property. I said no as their doesn't appear to be any necessity for it

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 12, 2017

It depends on whether the easement request is indeed necessary and whether the action affecting your tenants is valid and reasonable. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...
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Q: Can utility, cable and phone lines run across my property? Cable and phone lines laying on my roof are ruining areas

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Feb 8, 2017

Is there an easement granted and recorded for such access directly across your property? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child...
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Q: We own the trailer have no title landlord doesn't have it. We rent the land the trailer sits on we pay $350 dollars

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Animal / Dog Law for New York on
Answered on Feb 8, 2017

Are they causing a hygiene problem? How many more cats did the landlord agree to? Do you have proof of the agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I live in unincorporated area of riverside county,what authority has a code enforcer on my property

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Answered on Feb 7, 2017

The county laws should apply to your property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: my apt building was supposed to be redeveloped by city and two owners it was not,one owner wants tenants to leave,

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Feb 6, 2017

I see no basis for emotional distress damages. Since you're tenants, standing may be a hurdle to a lawsuit. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
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Q: Of what use are land parcels, which are too small for their zoning?

1 Answer | Asked in Land Use & Zoning for California on
Answered on Feb 5, 2017

That's a question for the imagination. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: I live in the town of Jefferson NY and a religious or bought up a large property which took in approx 170000 dollars in

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Feb 4, 2017

Your question lacks sufficient details. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create...

Q: Is owner who occupies one unit of a 3 family house required to install window guards if requested by 2nd floor tenant?

1 Answer | Asked in Land Use & Zoning for New York on
Answered on Feb 4, 2017

It depends on relevant city housing codes. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or...

Q: This is in regard to a petition. How do I legally start one for my neighborhood?

1 Answer | Asked in Land Use & Zoning for New York on
Answered on Feb 1, 2017

You have a right to ask people to sign a petition that you draft. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...
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