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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: My question is in regards to property lines for a new build, the property line is against a public trail, unfinished.

I live in Colorado and when my wife and I did the final walkthrough of our new home, they showed us the property lines and the builder also already installed the front yard landscaping to make it easier to see which was roughly 9+ ft off of the right side of the house. However, yesterday when I... Read more »

Donald C Eby
Donald C Eby answered on Oct 15, 2019

The ultimate issue here is who is correctly identifying the property line, the builder or the new claim? And, if the builder was wrong do you have a claim against him or against your title insurance?

You should bring your facts and evidence to an attorney to review, he may be able to...
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Q: is Property Right a "Human Right"? Why or Why not?

I'm a law student and i wanted to know this. I researched it on the internet but none of the sites provide concrete answer

Tim Akpinar
Tim Akpinar answered on Oct 3, 2019

If that's the way your question was phrased, you might have a wide berth in terms of the issues you could raise and discuss, ranging from traditionally accepted human rights issues to property rights under due process as a constitutional issue. You might want to check with your instructor or... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Can my neighbor invite a friend to live on his property in an RV?

It is being used as a full time residence.

Ross Cameron Hart
Ross Cameron Hart answered on Oct 2, 2019

Maybe, maybe not.

Two considerations: a) subdivision restrictions and b) zoning ordinances.

a) If you are in a subdivision with restrictions and covenants, there may be a prohibition in them. They will sometimes refer to it as 'temporary housing' or refer to campers, tents and...
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1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If there is a shed on a rental property before I move in and it gets damaged am I responsible for fixing it?
Joseph Jaap
Joseph Jaap answered on Oct 1, 2019

It depends on what the written lease says, that landlord and tenant signed. If the lease is for the land and buildings, and there is no exception for the landlord to keep using the shed, then the landlord could hold the tenant responsible. If tenant didn't pay to repair the shed, then landlord... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Oregon on
Q: Is it legal for 3 seperate dwellings to share an address and single family mailbox, or for 2 to share a gas meter?

I rent what used to be the garage of the main dwelling at my address. The gas company considers it the "shop" address, but its a 2 br house. There is also a shop behind my house that has been converted into a one bedroom bungalo. Three seperate dwellings but one mailbox, intended for a single... Read more »

Gregory L Abbott
Gregory L Abbott answered on Sep 30, 2019

Given that a landlord is not legally required to provide any mailbox, you likely have no claim regarding sharing it. If you prefer, simply get a P.O. Box or private mailbox at one of the many places offering such options. The gas meter may be a different deal however. It depends upon what your... Read more »

1 Answer | Asked in Energy, Oil and Gas, Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I have land with multiple rentals on it. The gas company wants to drill on my property or the one next to mine.

My question is if they buy out my property to set up a drill pad, should I try to negotiate for not only the replacement cost of the buildings, but the lost income of the property? The lots are only 100' wide, so any drilling will affect multiple plots. There are 5 rentals beside my home plus... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Sep 28, 2019

Yes you need to negotiate to get everything you will lose. I negotiate these purchases all the time.

1 Answer | Asked in Land Use & Zoning, Criminal Law, Civil Rights and Landlord - Tenant for Arizona on
Q: Ok so if i live at house on provate propertyand there are broke down or (parts vehicles) out of city limits

I ha e some old vehiclea on my property and i was served a notice to remove them.even if its fenced in and on private property.can they do that

Gary Kollin
Gary Kollin answered on Sep 26, 2019

Well, can they? They did.

Was it legal?

I haven’t read the reports.

I do not know the locality and therefore I can not know which law applies.

1 Answer | Asked in Land Use & Zoning for Michigan on
Q: I would like to know if I have a case due to the fact that our scrap yard was placed behind my house illegally?

It has been cited for numerous violations

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

You would need to distinguish between impermissible land use (i.e. the scrap yard being located there against zoning rules) and operating illegally (i.e. being cited for violations). You as an adjacent landowner would likely not have a claim for illegally operating.

Think of it this way:...
Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: In Tennessee... how long do restrictive covenants run?

The HOA that I am a member of has restrictive covenants, and no expiration date is listed on the document. The covenants appear to run with the land, as most of the subdivision is still just land, and not many homes are built yet. Are the covenants permanent, or does Tennessee code have something... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

Generally speaking covenants running with the land are perpetual. The Master Deed may have some limitations or the HOA may fall into disarray. They may become unenforceable, but are not rescinded per se, as once they are out there, it is forever. You might try to transfer in violation of them... Read more »

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Q: My landlord has left a car on my property after repeatedly saying hed move it (in writing). Can i take ownership of it?

Ive live in my house for over 10 months now. Since moving in i have asked my landlord repeatedly and he has agreed repeatedly, to remove his daughters car from my property and he has not. He is now complaining about us not weed-eating around the car, which we decided not to do, the last time we... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Sep 24, 2019

No. You can write a letter; make a copy of it; send it by certified mail or hand deliver it. The letter should state that the issue with the car, give your landlord 30 days to move the car, and if the car is not moved you will begin to escrow your rent. In thirty days, take a copy of the letter... Read more »

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1 Answer | Asked in Construction Law, Environmental and Land Use & Zoning for Ohio on
Q: Is a rusted barbed wire fence surrounding a private golf course built prior to this ordinance remain legal?

The Ohio club has failed to maintain the barbed wire and it is now falling off the fences and is completely rusted. Our housing complex, which abuts the course, has repeatedly asked for its removal. We are obviously concerned about the danger to children and pets from both the barbs and rust.

Joseph Jaap
Joseph Jaap answered on Sep 23, 2019

Talk to the club, the local building department, or use the Find a Lawyer tab to retain a local attorney to review the facts and advise of your options.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: Can someone in a subdivision tart a dirt road without getting permission from the property owners the road pass by?
Fred Bopp III
Fred Bopp III answered on Sep 18, 2019

I would first start by looking at the relevant subdivision documents to see what they provide. Likely, your answer is in those documents.

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: Good afternoon Homeowners Association retaliated after catching their HOA maintenance in my property using my water

The whole scenario changed. From sending a bill from their lawyer because of at that time I was replacing my fence and it was installed improperly and( Code Enforcement gave me 6 months to replace my fence ) This year I sent my HOA dues, only to receive back the same envelope, and my check? Sent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2019

If you have a question to be answered, please ask it. At the same time please review what you write before you post it so that it is coherent.

1 Answer | Asked in Constitutional Law and Land Use & Zoning for Pennsylvania on
Q: Ordinance inspectors walking on private property. When asked to leave they return with local police escort, no warrant.

Peeking in buildings, campers, garages, they say they have a right on private property w/o your permission and w/o administrative warrant. Actual ordinance says they have a right to inspect all buildings on the property, if they want to. The ordinance inspector says it's legal and the 4th... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2019

An interesting point. If he sees a violation in plain view---i.e. visible from the street--they can cite the owner. However if they need to get on the property they need to ask permission. They can and should get a warrant. That they didn't is something you should contact the Pennsylvania Civil... Read more »

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Puerto Rico on
Q: Uncle passed away and had no children. Only surviving relative is my mom. Is she the owner of his property now?

No known will is in place. And we don't know if annual taxes have been paid on property.

Ramon Olivencia, Esq.
Ramon Olivencia, Esq. answered on Aug 31, 2019

If the property is located in PR and his parents are no longer alive, and he did not leave a will, then the heir will be your mom but the inheritance process will have to be done in order for her to formally become the owner. If the property was his principal residence and he had obtained full... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Land Use & Zoning for Tennessee on
Q: Owned home in Nashville,TN almost 12 yrs.My neighbor 2 doors down bought the house between us 4Airbnb/Rs13 enchroached

My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked him in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... Read more »

1 Answer | Asked in Civil Rights, Intellectual Property, Land Use & Zoning and Real Estate Law for Ohio on
Q: I was rented home by a scammer real owner showed up with police saying I had to leave by Monday that property is vacant

I have a lease from scammer I’ve paid 1000 deposit and 850 first months rent what are my rights can they really make me leave like that

Joseph Jaap
Joseph Jaap answered on Aug 30, 2019

If the police don't force you out, the owner could file criminal trespass charges against you, and also file an eviction against you. Try to work it out so that an eviction and charges are not filed against you, since those are permanent public records, and can make it difficult for you to rent... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: How do I add myself to my Grandmothers Deed?

My living Grandmother wants to add me to her land deed. I want to build on the land. The land is in Puerto Rico. My granny lives in Florida. She wrote a statement stating her wishes and gave me the actual deed. However, I did not get her statement notarized due to lack of time. What are my next... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2019

In most places she should execute a new deed from herself to herself and you. But to be sure it's done right yes, get an attorney in Puerto Rico.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Hampshire on
Q: Can I buy a private forest and build a castle?

Hello.

I'm interested in the question:

If I want to buy a private forest in the United States and build a castle in this forest. What are the limitations?

For example, what laws speak of private forests. If I breed animals in my forests, will these animals be my property or... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2019

This sounds like a matter that's better suited for sitting down with your architect and attorney to discuss in detail, rather than it is for quick answers on a question and answer board because it's possible you would need to consider environmental, sanitation, conservation, wildlife, and other... Read more »

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