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Land Use & Zoning Questions & Answers
1 Answer | Asked in Agricultural Law and Land Use & Zoning for Idaho on
Q: Per ID Code § 22-4504 (2016), can a city in Idaho pass an ordinance/law requiring a person to buy a permit to farm?

The city recently passed an ordinance saying you have to buy a yearly license/permit to raise animals (chickens, ducks...) in city limits. AND prohibits raising certain animals - male chickens, for example. And if you get caught, they fine you for being no complacent!

Kevin M Rogers
Kevin M Rogers answered on Sep 25, 2020

There is nothing in Idaho Code 22-4504 which would prevent a city from enacting an ordinance requiring the owner of a farm to obtain a permit to raise certain animals, such as chickens, ducks within city limits. It says simply that Idaho prefers farming operations, period. The distinction this... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Q: Is hiking across posted private property a trespass in Utah? My intention is to get to the other side, nothing else.

Scenario: I am hiking near Zion National Park and come across a fence that says "no trespassing". I'm trying to reach the highest point in Zion National Park but it is surrounded by cliffs (which I can't climb) and private property on the adjacent lands. There is a sign posted... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 23, 2020

In Utah, if you own property, you have a right to control who enters that property. Without an invitation, you are trespassing. If someone sues you for trespassing, they normally need to show what damage you did on their property to win money. In unique cases, someone may win more money than normal... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: Does Ohio protect in home daycare businesses from HOA community bylaws?

Daycare is not licensed

Joseph Jaap
Joseph Jaap answered on Sep 21, 2020

Some HOA declarations and bylaws prohibit conducting a trade or business in the home, and those restrictions can be valid. Use the Find a Lawyer tab to retain a local real estate attorney who can review the HOA and advise you.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on
Q: I'm a land owner of manorlands housing association fighting for my rights while a lien has been put against land..
Kenneth Prigmore
Kenneth Prigmore answered on Sep 16, 2020

You are writing from Wyoming, and this is the Utah board, so we can only answer questions regarding property in Utah. Owning property in a HOA is a gamble as you get the benefit of controlling what happens in your HOA according to the rules, but if you ever cross the rules, you may have problems of... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: My mother has land that she is trying to get placed into her name. The property is in my deceased grandmothers name

The land was left to my mom and her other two siblings. The two other siblings are deceased now and my mom wants to put the land in her name now to write her will. what documents and paperwork does she need to get this process going? Also she has more land that she has that is in my brother's... Read more »

Jonathan Purcell
Jonathan Purcell answered on Sep 15, 2020

To begin with you will need to gather together the testamentary documents (wills, trusts, and property deeds), pertaining to your deceased Grandmother and Uncle, and hire an attorney to review the documents, organize the information, and write a report on the current ownership of the properties,... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Massachusetts on
Q: If a right of way starts at a street and ends at a lakefront is this or any RIGHT OF WAY BE BLOCKED BY TREES ETC, legal

Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2020

This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for North Carolina on
Q: I have property that was left to my family. I want to Put the property in my name.

The property wasnt left to one person so there is no clear way to use the property. I have been the onlyh person to pay taxes on this property for 15 years and i would like to put it in my name so i can live on it. What do i do?

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Cannot understand your facts stated. But hire a competent attorney to draft an Affidavit of Heirship, which will record a source of title. Then you need a Quit Claim Deed from the other heirs over to you. If they will not convey, you may have to file a Partition Suit.

1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for New Jersey on
Q: Neighbor refuses to return our calls to discuss our concerns over the safety of his weeping willow tree.

The tree is now 60-70 ft. tall. We know they should not be planted in this residential area and we had one uproot on our property. No help from local zoning or tree commission who know our neighbor. We can be killed if it falls or uproots onto our property. I have contacted approximately 19... Read more »

Morris Leo Greb
Morris Leo Greb answered on Sep 13, 2020

Speak to a local arborist to review the situation and his/her opinion as to the immediacy of any potential danger and what are the suggested remedies. Then speak to an attorney to review your legal rights and courses of action available to you. An immediate step would to put the municipality on... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Land Use & Zoning for Michigan on
Q: Our new houses well is dry, no issues were disclosed, and we've already closed. Are the sellers financially responsible?

I moved my family into a new house in Quincy, Michigan. A day after moving in, our water stops working. It turns out the well is dry, and the whole area is just bad for water. We spoke with multiple well contractors and learned that we can install a good well about 100 yards from the house at the... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 11, 2020

Without seeing the closing paperwork and disclosures it is hard to say for sure. You need to have a local attorney look at the paperwork (did you use an attorney to review the closing? You SHOULD have!) to determine if anything like this can survive the closing.

Did you do inspections?...
Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: What does R30 means in North Carolina for land

Wanted to build a home and I just wanted to know what all that means R30 zoning

Charles M.  Baron
Charles M. Baron answered on Sep 10, 2020

Since you are writing from Fla., it is unlikely that a NC attorney will see your post, but even if an NC attorney would see it, he/she would be unlikely to know, off the top of his/her head, what that zoning category means because such zoning code numbers are unique to each local jurisdiction. You... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Joint land owner in TN. 1 owner now paying mortgage.

I purchased with a joint down payment land in TN (50/50 payment) however the joint owner is not making his payment of the mortgage. What legal recourse do I have to demand payment or file something to withdraw him from the deed?

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

You will probably need to file an Action For Partition. Hopefully you all have some equity in the property, or it may not be ordered sold. Hire a competent Tennessee attorney. You could also make a small offer to buy him out and get a Quit Claim Deed back.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: if i own three lots next to each other can i provide myself easements to run utilities from one to the other?

How is that legally done? Does it have to be recorded on the deeds?

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Use the Find a Lawyer tab to retain a local real estate attorney to review your plan and advise you what easements and deeds will be required.

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: If I own three lots together, and I would like to build one house that would sit on two and some of the utilities,

Ie septic system would need to go across all three of them, what can I do

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

Start with an architect familiar with the local building and zoning code and the process to consolidate the lots, which will require a surveyor to prepare a consolidation plat. The architect can also talk to the local health dept. about the septic system requirements. Use the Find a Lawyer tab... Read more »

Q: Hello, I have large company interested in a five year option to either purchase or ground lease a property I co-own.

The terms to lease the property are really appealing but the company plans to use the lease to secure funding for a green energy project. If I were to lease the property, as a land owner Is there anyway to protect the property from foreclosure in the event company goes bankrupt and creditors go... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 5, 2020

You need the advice of a Real Estate Transaction attorney in your local area to assist you to draft a lease that has forfeiture provisions in the event the lessee goes bankrupt. The creditors cannot go after the property, as you do not transfer title to the property to the lessee, except for the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Land Use & Zoning for Ohio on
Q: If the landlord allowed me to put 15,000$ of work into his house and Now he trying to evict me, can I sue for that mone

I been living in this home for 16 years and i finally decided to ask him can I put some work into the home and it costs me 15,000 and it made the value of the home go up, he can now charge $800 instead of 200$ in rent, So he wants to evict me out of the house, can I sue for that money out of that... Read more »

Taylor P Waters
Taylor P Waters answered on Sep 5, 2020

You may have a case for unjust enrichment, contact an attorney to discuss how to file the claim and what you need to allergies

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Converting mixed-use building to residential

I'm looking for houses and happened across a gorgeous old building with shop space downstairs and 3 apartments upstairs. I'm interested in living in one of the units, renting out the others, and using the shop space as an art studio. What zoning issues might I face with this? I find the... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 2, 2020

You need to hire an architect familiar with conversions, residential construction, and the local building and zoning code to assess what you plan to do, what you must do to comply, or if any variances will be needed. The architect should have good rapport with the folks at building and zoning.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: How do i go about getting a shared septic and well agreement in Va, that will transfer if the property is sold?

We are buying a property, and the owner had a verbal agreement to share the well and septic that are on the neighbors property. She has no problem sharing, but we are concerned what would happen if she sold her property.

Ross Cameron Hart
Ross Cameron Hart answered on Sep 1, 2020

You don't say whether or not you've signed a contract to buy the property. If you have you may have a big problem.

Make sure that obtaining a written agreement is part of the contract - that is the most important part of your transaction.

And you need a lawyer. NOT a...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I live in a trailer park can the manager come on the leased piece at any time or do they have to give notice

they are saying they will come and take my trump sign in my front yard

Thomas. R. Morris
Thomas. R. Morris answered on Sep 1, 2020

I expect that the lease provides the landlord with the authority to maintain the property. If the lease does not permit you to post a sign on the property, I expect that the lease would permit the landlord to enforce the lease by removing a sign. Without reviewing the lease, I cannot determine... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Hello, My mom and her sisters whom are already elderly have a inheritance of some land. They never saw the will or

Legal documents. We’ve been called recently by family members in PR but they don’t give exact info. How can I find out who the executor is and how much land and where it’s located.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 29, 2020

This has nothing to do with Land Use & Zoning, or with Florida law either, for that matter. You should ask your question in Justia > Ask a Lawyer > Puerto Rico.

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: I rent a house and lease is not up for a few months but I found out that the property is not right on the survey

The property next door is pending sale and my house and have my portable garage is on the property next door. Can I hold the landlord responsible for paying me back my rent and moving expenses

Morris Leo Greb
Morris Leo Greb answered on Aug 26, 2020

This response reflects NJ case law and statutes. There are several items missing from your question that are important for a sound answer. The first is whether or not there is a written lease. If not, what are the terms of your oral lease? A lease generally has a covenant of quiet enjoyment. Quiet... Read more »

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