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Land Use & Zoning Questions & Answers
1 Answer | Asked in Copyright, Insurance Bad Faith, Intellectual Property and Land Use & Zoning for California on
Q: Question, if this property belongs to the Indian reservation and the individual took it out unauthorized with a deed,

It would be considered fraud or no?

John Brian Hudak
John Brian Hudak answered on Jul 1, 2020

Consider contacting a local pro bono attorney group related to the issue. The specific facts would need to be reviewed to understand what happened and any possible wrongdoing.

This answer includes generalizations and there are many caveats. This answer does not form an attorney client...
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1 Answer | Asked in Contracts and Land Use & Zoning for Florida on
Q: Is it normal to pay to break a lease a a month and a half before your move in date?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No. However, many people are having to do that these days--because of the pandemic.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A builder wants to run his personal utility lines through my property against my protestations, can I prevent this?

The builder has purchased land behind my property to build his personal residence, and rather than follow the road to install his utilities he wants to cut through my property to shorten the distance and cost of installation. I've informed him we will not allow this action, and he is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You will need to hire a competent attorney now to conduct title searches on each tract. Then request Chancery to issue an Injunction after you post a Bond. It will be expensive and difficult, and you could lose due to his necessity. Once the lines go up, you have effectively lost.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for California on
Q: Q: Can I be Fined by HOA Board in 2019 for Not Obtaining a Bldg. Permit to build a Room Addition approved by HOA in 2013

I added a Utility Room to my Mobile Home completely Un-Attached and Free Standing. I received HOA Board Approval and was NEVER Told in 2013 I also needed a State Building Permit.

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

It is possible that the construction without obtaining all necessary permits could violate a HOA rule or regulation and could result in their imposition of a fine. You should consult with the City building department regarding issuance of a permit or whatever they would want after the fact. This... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: I own the land, but a house was already there when I purchased the land. Who owns the house?

I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 24, 2020

Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent... Read more »

2 Answers | Asked in Real Estate Law, Business Law, Construction Law and Land Use & Zoning for Pennsylvania on
Q: How do I find an electrician's insurance company if he will not provide it? Damage was done and need to know next steps.

Electrician performed an electrical service upgrade to 200 Amps without pulling a permit. Also, when approached about damages that he caused to my hardwood floors since he refused to take shoes off or work with booties, he denied liability and just walked off the job, keeping my initial down... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jun 23, 2020

Hire an attorney and file a lawsuit

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1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Tennessee on
Q: I purchased a home out of forclosure in October 2019. Who owns a small building in my backyard?

My neighbor, who also owned owned the home in the past, put a no trespassing sign on the door the day I purchased. The building sits extremely close to the property line if not splitting it. I had the tax record pulled and the building has been on the tax record for my lot since the house was built... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jun 22, 2020

If the neighbor has cut the power, and put up a no trespassing sign- if you intend to maintain a claim to the building (and the property it is on- you will likely need to hire an attorney to pursue your interests. Boundary disputes are tough. If the building was erected by the owner to your... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Michigan on
Q: my uncle passed away and left no will my father his older brother gave me his property then 3 months later took it back

he decided to sell said property to my half brother no taxes have been paid I don't even think my father has the title I have lived in my uncles house with my wife for 3 months anyway I can fight this and stay and own my uncles property

David Ostrove
David Ostrove answered on Jun 20, 2020

If your father had title and made a completed gift to you, then you owned the property and your father cannot take it back. However, was there any paper work; any deed signed by your father? You have raised a lot of issues with your question. As a matter of law, you may own the property, but you... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: My grandma passed away in 2018 she owned a house and my dad passed away in 2016 so would that mean the house is left to

Me or would it be left to my dads sister cause she’s telling me I need to sign papers so she can sell it this is in the state of Arkansas please help I need to know what I can do and what my options are

Vincent Gallo
Vincent Gallo answered on Jun 20, 2020

Your grandmother’s will shall determines who inherits the real estate.

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Texas on
Q: How to I divide undivided interest before the estate gets passed down to my generation?

When my grandmother passed away, she left the family land to my cousins and I as undivided interest. Once all of her children pass away, the land is divided among the 12 of us. Her children no longer want to deal with the execution of the estate. How can I guarantee a portion of the property comes... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

That sounds like a Life Estate to her Children, then Remainder over to the 12 or their heirs. But I am not reading the Deed or the Probated Will of GrandMother. Hire a competent attorney to search the title, determine what exact type of conveyance it is, then draft a Quit Claim Deed for all the... Read more »

Q: I inherited family property from my father in Feb 2011 at that time my father had gave permission for his niece to place

Her new mobile home on said property in 2010. This property has 2 separate lots for 2 separate homes with electric at both locations but only water for main dwelling. In 2011 I purchased a mobile home and placed it on my 2nd lot & negotiated the same terms for family that my dad set which was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 18, 2020

I assume you filed a Detainer Warrant, which the Defendant is appealing de novo to Circuit. With this he will need to post a Bond, which you need to argue the amount of. His paying taxes may allow him to claim it, but that number of years does not give him a presumption of ownership. Adverse... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Can a HOA Board vote to suspend/waive any mandatory assessments as a gesture for COVID-19 relief to its members?

We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Municipal Law for Illinois on
Q: Does Illinois require gutters? I live in Chicago and my roof is a gable roof.

If my neighbor is complaining about installing gutters, do I have to install them? Am I legally obligated to install them?

Tim Akpinar
Tim Akpinar answered on Jun 16, 2020

An Illinois attorney could advise best, but your question remains open for two weeks. Until you are able to reach a local attorney, you could start some self-help research by looking into state building codes (and local ones as well, if they address the issue). If such regulations or codes exist,... Read more »

1 Answer | Asked in Education Law and Land Use & Zoning for Michigan on
Q: Am I allowed to be in a Michigan public high school parking lot in the summer?

I was watching the sunset, with my friend, in my school parking lot days after school had ended. A man who we assume lives next to the school approached us and started threatening to call the cops saying we looked suspicious. We were simply sitting in the back of her car watching the sunset. Would... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 15, 2020

The police might have just told you to move along. Of course, a lot depends on what information they have at the time, including what the person who calls tells them, as well as whether there have been other reports of suspicious activity or crime in the area.

Generally, there are...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: How do i get property in my name with the title owner deceased
Vincent Gallo
Vincent Gallo answered on Jun 14, 2020

You would need to prove your entitlement to the real estate.

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1 Answer | Asked in Real Estate Law, Animal / Dog Law, Environmental and Land Use & Zoning for Indiana on
Q: I'm a homeowner in Indiana. I have a fence on my property located about 6 inches back from my property line.

I never had my property surveyed, but there is a survey marker across the alley and all the lots on this part of town are all the same size, so that should be enough to clearly define my property line.

My neighbor has built two parallel fences that connect up to my fence crossing my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

You can sue for Trespass Damages. But you have a Boundary Line Dispute. You will probably need to get a Survey done, where the Surveyor knows he will be testifying in Court. If you do nothing, then you will acquiesce to the new Boundary. Both property owners now have clouds on their Titles.

2 Answers | Asked in Estate Planning, Constitutional Law, Land Use & Zoning and Landlord - Tenant for California on
Q: recently sited for a few things on a property my problem because opandemic I wasn't Able to take care of it what can I
Maurice Mandel II
Maurice Mandel II answered on Jun 11, 2020

If you have a citation that requires a court appearance, you need to contact the court about your situation either in person or in writing, include a copy of the citation. Failing to respond could subject you to additional penalties and be considered an FTA- failure to appear. If the citation is... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: can i file adverse possesion on private land if we already stayed for a span of 50 years?
Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2020

You do not file for adverse possession. Check with your Tax Trustee about the County Property Taxes, as there may be a Tax Sale already. Depending on your State, you may be barred from asserting ownership by nonpayment of taxes. Whatever the case, you might be able to file a Quiet Title Action,... Read more »

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Ohio on
Q: I signed a lease my freshman year in college. It was for my junior year. I decided I wanted to transfer, what can I do?

I paid a $700 dollar deposit but I’m not worried about that. I just don’t want to pay the price for both semesters. It was a stupid idea in the first place but I was pressured by others to sign early or else there would be very little options.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2020

You can try to negotiate an early lease termination with the landlord. But landlord does not have to agree to that. If you don't pay the rent required, landlord can file an eviction to terminate your lease rights, and sue you for any lost rent. An eviction is a permanent court record that... Read more »

1 Answer | Asked in Land Use & Zoning and Environmental for Pennsylvania on
Q: Looking to purchase land that has an old industrial dump and an old mine. Am I responsible for future problems ?

Or is original company that put the dump on the property still responsible? And what if they are no longer in existence? Just want it for grazing land for horses. It is being monitored by DEP. dump is closed and inactive and covered.

Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

You are technically responsible for what is on (and under) your land. So.....if leachate comes out and poisons drinking water, it is possible you could be liable.

When companies site dumps they have to provide insurance. However if this was long ago, that is unlikely to have happened....
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