Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Can I relocate a right of way on my property to another location on the property?

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

If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of...
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Q: I am interested in obtaining a lease on a "land locked" parcel of land (A).

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

I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for access - confirmed in writing -- prior to leasing.
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Q: Hello, What are the constraints related to the use of this intellectual property

1 Answer | Asked in Copyright, Intellectual Property and Land Use & Zoning on
Answered on Sep 17, 2017

Generally speaking, you cannot use someone else's intellectual property without their consent. There are very few exceptions to that basic rule, such as parody or fair use in copyright. You should seek the advice of an attorney before doing anything that could be construed as copyright violation, because copyright (unlike trademarks and patents) has potential criminal penalties associated with unauthorized duplication.

Good luck!

Griffin Klema
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Q: My mom has a neighbor that is building a structure on land that belongs to her. How do we stop it?

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

An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.

Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure...
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Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother

1 Answer | Asked in Copyright, Land Use & Zoning, Real Estate Law and Probate for Alabama on
Answered on Sep 13, 2017

You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can make you leave the property. The fact that he pays the taxes on these facts does not mean that he can get the property because he pays property tax. If he means to or not, he is paying property tax on...
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Q: Can a land owner tell me what to do if i own the home but not the property it sits on?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Sep 12, 2017

Look at your lot agreement. Many have such restrictions. If you've lost yours ask for a copy.
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Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.

1 Answer | Asked in Land Use & Zoning, Patents and Real Estate Law for New Jersey on
Answered on Sep 11, 2017


Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.

You will have to continue to pay taxes. Sorry.

(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer. Corrections are welcomed)
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Q: Can my nabor close off a road to make speed bumps and other road obstacles to impair our ability to drive on said road?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for California on
Answered on Sep 6, 2017

Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
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Q: Have retaining wall on property line, specifically was told not ours, now neibor says it is. Options? More to story.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Answered on Sep 5, 2017

You can obtain a survey of the property, and consult with a real estate attorney to determine the best manner in which to move forward. A real estate attorney can also search public records and attempt to work a deal out with the neighbor, depending on the results of the survey/record search.
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Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for New York on
Answered on Aug 29, 2017

File small claim against landlord and tenant who caused the problem.
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Q: My neighbor wants to build a 2nd inward facing fence(behind chainlink) on her property. Does this affect mne in any way?

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

No way to give a opinion or value change via this online forum.

Some communities and counties require that the smooth side of a fence face the niehhbor.

You may want to check to see if your area has fence codes.

Also I've see no reason for you to sign anything if the neighbor is erecting a fence within the boundary of their property other than the above.

Good luck.
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Q: We have a RLT in California. Can we transfer our Oklahoma land to it Preliminary change of ownership and grant deed ?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Aug 23, 2017

This is really simple. Just need the owners names, trustee names, name of the trust and date of creation, legal description and filing fees. Really inexpensive to have an Oklahoma compliant deed created by an attorney.
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Q: How many years does it take for a deed restriction/covenant in Florida to expire & no longer apply to a property?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Aug 21, 2017

30 Years via the marketable record title act. However. I strongly suggest that you consult with an experienced real estate attorney before you start making in plans in contravention of the restriction in your deed.
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Q: What real legal authority does an HOA have over what I do or put up in my fenced backyard

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Aug 17, 2017

There are governing documents and rules the association set that are recorded with the county. You need to get a copy of them and read them or have a lawyer read them and give an opinion what you cannot do. IF the docs say no pools then sorry you cannot put one up as you agreed to the restrictions when buying there (and your attorney at closing would have told you that but I assume none was hired)
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Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?

2 Answers | Asked in Real Estate Law, Land Use & Zoning and Municipal Law for California on
Answered on Aug 16, 2017

To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
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Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Illinois on
Answered on Aug 16, 2017

Usually the cities provide the water.

Is it a private water company.

There are rules as to what can be done if the water lines have a problem.

If it is the city, check with them as to what they plan to do.
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Q: Are some properties zoned for both commercial and residential use or do you usually need to apply for one or the other?

1 Answer | Asked in Land Use & Zoning for Maine on
Answered on Aug 16, 2017

Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
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Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)

2 Answers | Asked in Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law for New York on
Answered on Aug 15, 2017

I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
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Q: The lease I signed says lease is up on 1-30-2018.but next to it the lease say this lease is for 24 months

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

Try to resolve it with the landlord to determine the lease expiration date. If you and landlord cannot agree, contact a local attorney using the Find a Lawyer tab, and you can also ask about the failure to advise you of the murder.
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Q: Can a new apt. landlord demand 4 months back rent for "breaking a lease" that was month to month?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Answered on Aug 11, 2017

If you had a written lease with your old landlord, check the terms of that lease to see what the notice requirements were. The terms of an expired lease which has converted to a month to month still remain in effect, other than the lease term. Both you and the new owner are bound by that.

Absent that, you are correct that a 30 day notice that you are attempting to leave is sufficient. There's really nothing you can do unless they actually sue you, unless you didn't get your security...
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