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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Municipal Law for New Jersey on
Q: Are protections afforded developers against ordinance changes in effect upon Site Plan application or Approval?

I have been told that once a developer submits a site plan application they are protected from local ordinance changes or state regulation changes. I read the NJ Municipal Land Use Law as affording such protections only after an applicant receives Preliminary Site Plan approval.

Morris Leo Greb
Morris Leo Greb answered on Feb 28, 2021

Generally, the protection is from approval. Often the approvals contain a provision limiting the length of time for protection.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Are my grandmothers nieces and nephews entitled to land that was owned by my great grandmother but never deeded ?

My grandmother had a mobile home on property that my great grandmother purchased. My great grandmother passed without a will but my grandmother has since paid the taxes on the property up to date. My grandmother had 7 siblings and only 4 are left which are all on board with a quit to claim deed in... Read more »

Ross Cameron Hart
Ross Cameron Hart answered on Feb 25, 2021

The lawyer you talked to is correct. The interests of children of your great-grandmother goes to THEIR children on their death. I suggest you get deeds for whatever shares you can, then approach the others for their shares. This can be very complicated and time consuming. And you absolutely need... Read more »

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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: As the City, could I require that any newly developed parking lots require cross access easements and shared parking?

I'm interested in applying this standard to prevent erosion of the downtown area into a sea of parking, with landowners possessively protecting their empty parking lots rather than sharing the resource. Ideally, landowners would pay each other for the shared resource, but other than parking... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

Direct that question to your city attorney. It would have to be added by an ordinance approved by city council, amending the local zoning and building code, and could get opposition from property owners and developers.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: to take possesion of my parents land as the sole heir i am out of state can i do an out of state bond? the land is in

alabama and i live in md she did not have a will.

Mark Oakley
Mark Oakley answered on Feb 23, 2021

You need an Alabama estate lawyer. The requirements for a non-resident executor of an estate usually involves appointment of a person in Alabama to act as resident agent for the executor for service of legal papers. Because the estate involves real estate, and you cannot easily travel to Alabama... Read more »

2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 22, 2021

If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That...
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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I live on what is considered a private road that the county and city says they wont maintain. Can i closed this off ?

To the public from accessing it? Or make my neighbors help pay for maintenace?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2021

You might get away with putting up a gate if you give the others keys. But it is doubtful that you can require them to help maintain the roadway.

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

Also sounds like a real estate trespass case.

1 Answer | Asked in Criminal Law, Civil Rights and Land Use & Zoning for Arkansas on
Q: Can I let my yard grow as the Creator intended against city ORDINANCE under RFRA,

Can I advance my religion (native American) as defense to failure to cut grass,?

W. Whitfield Hyman
W. Whitfield Hyman answered on Feb 15, 2021

Probably not, but you could just plant trees covering your whole yard and I bet grass wouldn’t grow

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I want to erect a coop to raise 6 egg laying hens on a property that is less than an acre in Delaware County Oh.

I don't own property yet, so if there is a neighboring county that is more lax that would be very helpful.

Joseph Jaap
Joseph Jaap answered on Feb 15, 2021

It depends on local zoning laws which are different from one place to another. Check with the local zoning office.

1 Answer | Asked in Consumer Law and Land Use & Zoning for Hawaii on
Q: Encroachment of a wall on my boundary line is less than one foot.

The wall was built over 20 years ago and a recent survey revealed the wall encroached less than a foot into neighbor’s land.

Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

A Hawaii attorney could advise best, but your post remains open for two weeks. You could repost in the Real Estate section. There wasn't a question included, but if you're wondering about adverse possession and other issues arising here, an attorney might need to see the survey and other... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Q: Edison wants family estate home to provide a closed permit for an inground pool to get a CO. We only have the permit #.

What do we need to do to close out this 37 year old permit? Buyers waiting on us to get CO from the town.

Morris Leo Greb
Morris Leo Greb answered on Feb 9, 2021

Apply to the town foe a CO. Pay the fee and satisfy any conditions imposed.

2 Answers | Asked in Criminal Law and Land Use & Zoning for California on
Q: Can I enter a park against mandatory county time rules if they don’t specify time zone on the official page.

Sacramento/ranch county parks website states that no one can access/trespass on park property past 10pm to 6am. That’s quoted on their official page. Nowhere in that sentence or anywhere else do they state a time zone. Somewhat of a ridiculous unimportant question, unless you’re a libertarian.... Read more »

David Michael Lehr
David Michael Lehr answered on Feb 9, 2021

Yes you can be fined. The time zone is obviously the time zone where the park is located.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Land, with no living owners, no one paying taxes on it, can someone else catch up the taxes and aquire the land?

Both owners have died and no one has claimed the land or paid taxes on it in at least 3 years. How can someone else legally acquire the property?

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2021

A title search is a must here. Then you will know who the owners are now. Also contact the Tax Assessor about when a Tax Sale might occur. Ultimately you may be able to get a Deed from the owners or buy at the Tax Sale, for which you will need an attorney to actually put the property in... Read more »

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Maryland on
Q: do I HAVE to agree to a free, new well drilled for me (as required by co) so a company can build next door?

I like things the way they are, and can afford to pay for a new well myself should I ever need it.

Richard Sternberg
Richard Sternberg answered on Feb 6, 2021

I know of no way to generalize to give you decent advice without reviewing the survey, running a title search for easements, and understanding exactly what the developer wants and needs. Generally, however, you do not need to agree with anything on your land unless your neighbor has an easement to... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: In Virginia, can an owner of several lots develop a recorded easement that crosses over multiple the lots he owns?

I currently have a situation where a single person owned several lots and the single owner of the lots developed an easement over all lots that he owned for access in lieu of the approved unconstructed access road.

To my understanding, easements give you the right to do something on... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 5, 2021

You need a decent title search and survey to evaluate these facts, but if you are asking whether a property owner can create recorded easements on his property before selling it, that is exactly what every developer does. You can't create an easement on someone else's property.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: (Is It A Hate Crime) If The Owner Breaks Into The Land That Is By Adverse Possession. And And Changes The Locks.

Can I File Criminal And Civil Charges Against The Owner Of The Land/Building I Adverse Possess. I Changed All The Locks And Put A New Chain And Lock On The Gate. But The Owner Keeps Breaking In And Changing The Locks. That Is A Hate Crime Based On (Law!) ? And .... ....

Laws & Legal... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 4, 2021

You have got to be kidding, right? First, a hate crime involves "race, color, religious beliefs, sexual orientation, or national origin," and you mentioned none of the above. Second, if you are breaking and entering on the property of another, it is you who is: "damag[ing] the real... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: While digging, we broke our neighbor's new sprinkler system, which was unknowingly routed onto our land. He wants 2 sue?

There is no easement in place for it on my survey at all since it's brand-new, nor was there one for the previous owner of his home even if it wasn't new. According to our survey, it's 100% no doubt about it on our property. We have been nothing but nice and willing to work with him,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

And you want to know if you are liable? No. But if he does sue, ask your homeowner's insurance company to take care of it. by getting an attorney for you.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can I have legal/financial problems for not paying taxes on vacant land lots?

Can I have legal/financial problems for not paying taxes on vacant land lots ( Seabring, Highland County, Florida) that my ex-husbands purchased back in 2004 on my name? I stopped paying taxes and other fees on this lots 6-7 years ago, and worry if eventually county can put lean on my house that is... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 1, 2021

The county can auction off the property for unpaid taxes in a tax deed sale. Your bigger concern is if there are any code enforcement violations which have generated fines. If Code Enforcement issues fines it can record liens which attach to any property you own. You also have liability if... Read more »

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