Land Use & Zoning Questions & Answers by State
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Land Use & Zoning Questions & Answers
Q: I have a property with an ingress/egress easement for the drive that is already there.
Leonard Robert Grefseng's answer
Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.
Not enough information provided to accurately answer-This depends on the wording of the easement-unless it is specifically restricted in some way, the landowner can still use the property as long as the intended purpose/use of the easement is not unreasonably interfered with.
Q: How do I set up a partnership in Colorado? The partnership will be for the purpose of purchasing some real estate.
1 Answer
| Asked
in
Contracts, Land Use & Zoning and Real Estate Law
for
Texas
on
Answered on Oct 12, 2018
Answered on Oct 12, 2018
Tammy Lyn Wincott's answer
If you're setting it up in Colorado, I suggest you post the question under Colorado.
If you're setting it up in Colorado, I suggest you post the question under Colorado.
Q: My son is a drug addict and deals drugs. He hit and shook me, I called the police and blocked his number. He got so mad
1 Answer
| Asked
in
Civil Litigation and Land Use & Zoning
for
Louisiana
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
Ellen Cronin Badeaux's answer
Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.
Call the Sheriff for your parish, threatening to burn your house down, dealing drugs, harassing you and shaking you are all criminal offenses. Then after he is arrested, just have his camper pushed out onto the street.
Q: Land Parcel combination. Property Appraiser said OK and combined it. Now need to show “Unity of Title”. Can I use QCD?
Terrence H Thorgaard's answer
Yes, a quitclaim deed has the same effect as a warranty deed except that the grantor(s) are not saying that they necessarily have clear title. You really should get an attorney in on this; your question suggests that you don't have the necessary knowledge to do this correctly.
Yes, a quitclaim deed has the same effect as a warranty deed except that the grantor(s) are not saying that they necessarily have clear title. You really should get an attorney in on this; your question suggests that you don't have the necessary knowledge to do this correctly.
Q: how do you apply a mother-daughter to a single family house?
1 Answer
| Asked
in
Construction Law, Family Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Elaine Shay's answer
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
If you are asking how to allow use of a one-family house as a two family, you would have to amend the certificate of occupancy. This is sometimes but not always able to be done and may involve the services of an architect, expeditor or other other professional as well as an attorney.
Q: Neighbor wants trees cut down on lot next to them
1 Answer
| Asked
in
Real Estate Law, Civil Litigation, Land Use & Zoning and Small Claims
for
Michigan
on
Answered on Oct 2, 2018
Answered on Oct 2, 2018
Kenneth V Zichi's answer
I assume (hope!) you have insurance to cover liability if something bad does happen.
That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.
In THIS case, the fact that this discussion has happened may make your insurance company
deny a claim if the tree falls and causes harm (you KNEW there was a risk and refused to fix
it) but it certainly can't lead to a lawsuit ("I am afraid the tree might fall and hurt me") unless...
I assume (hope!) you have insurance to cover liability if something bad does happen.
That said, "I'm afraid" is not a valid reason to sue. You have to have suffered actual damages.
In THIS case, the fact that this discussion has happened may make your insurance company
deny a claim if the tree falls and causes harm (you KNEW there was a risk and refused to fix
it) but it certainly can't lead to a lawsuit ("I am afraid the tree might fall and hurt me") unless...
Q: Can my old landlord hold my deposit because I rented one my rooms on airbnb?
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
Missouri
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Ronald J. Eisenberg's answer
Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you believe you are in the right, then you could file suit in small claims court. But beware that most leases have one-sided attorney's fee provisions. That would mean that if you sue and lose you will have to...
Read your lease carefully. The security deposit is generally supposed to be used to cover damages and, if the lease so states, for any sums due. I'm not sure whether under your lease you incurred sums due to your landlord on account of breaching the lease by renting out the room. If you believe you are in the right, then you could file suit in small claims court. But beware that most leases have one-sided attorney's fee provisions. That would mean that if you sue and lose you will have to...
Q: My brother has passed away, he owns a (1) lot on Lutz, Fl. The house will have to be torn down-
Terrence H Thorgaard's answer
One would have to know a lot more information, but in general yes, if you comply with the zoning and building code requirements. They can't prohibit you (assuming you inherited it from your brother) from using the lot for anything.
One would have to know a lot more information, but in general yes, if you comply with the zoning and building code requirements. They can't prohibit you (assuming you inherited it from your brother) from using the lot for anything.
Q: I have a rural property, 12 acres that the deed is in my name and also in my EX-boyfriends name.....
2 Answers
| Asked
in
Land Use & Zoning, Real Estate Law and Tax Law
for
New York
on
Answered on Sep 25, 2018
Answered on Sep 25, 2018
Elaine Shay's answer
He doesn't have to protest your cabin.... He, like you, could simply move into it. You are not the first person to find themselves owning property with someone with whom an agreement to manage or sell the property cannot be reached. Fortunately, you can commence a partition action to force the sale of the property. Many times, even when a co-owner previously refused, a negotiated settlement can be reached after a partition is commenced that allows one party to buy out the other.
He doesn't have to protest your cabin.... He, like you, could simply move into it. You are not the first person to find themselves owning property with someone with whom an agreement to manage or sell the property cannot be reached. Fortunately, you can commence a partition action to force the sale of the property. Many times, even when a co-owner previously refused, a negotiated settlement can be reached after a partition is commenced that allows one party to buy out the other.
Q: What is the law in Ohio for HOAs regarding monthly board meetings pertaining to open communication of agenda?
1 Answer
| Asked
in
Communications Law, Real Estate Law and Land Use & Zoning
for
Ohio
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
Joseph Jaap's answer
Ohio law for condominium operation can be found at this link:
http://codes.ohio.gov/orc/5311 See Sections 5311.09 and 091.
There can be additional rules in the condominium declaration and bylaws.
See also this link: http://codes.ohio.gov/orc/1702
It provides rules for operation of non-profit corporations. A condominium association is usually formed as a non-profit corporation.
Ohio law for condominium operation can be found at this link:
http://codes.ohio.gov/orc/5311 See Sections 5311.09 and 091.
There can be additional rules in the condominium declaration and bylaws.
See also this link: http://codes.ohio.gov/orc/1702
It provides rules for operation of non-profit corporations. A condominium association is usually formed as a non-profit corporation.
Q: In the state of Georgia, where and what exactly is defined as a “public space”?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Constitutional Law and Land Use & Zoning
for
Georgia
on
Answered on Sep 24, 2018
Answered on Sep 24, 2018
David Edward Boyle's answer
What code section are you referring to which uses the term "public space"?
What code section are you referring to which uses the term "public space"?
Q: A petition to partition by sale has been filed by one of three tenants in common. But the principal was paid mostly
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Sep 14, 2018
Answered on Sep 14, 2018
Manuel Alzamora Juarez's answer
That is what partition is about. He can petition the court for the sale of the property and for his share of the proceeds. If you want to make a claim for monies spent by the decedent, you have to do it through his executor. Best regards.
That is what partition is about. He can petition the court for the sale of the property and for his share of the proceeds. If you want to make a claim for monies spent by the decedent, you have to do it through his executor. Best regards.
Q: can a HOA vote to change the covenants of a subdivision if the covenants said it can not be changed for thirty years?
Anthony Marvin Avery's answer
HomeOwners Association can do any variety of things unless an interested person files suit to enjoin the same. And after twenty years maximum, their Rules are covenants running with the affected subdivision parcels or condominiums. If the HOA attempted to foreclose upon a spurious lien, then the fee owner might have a defense to foreclosure, but would still need to file in Chancery to enjoin enforcement.
HomeOwners Association can do any variety of things unless an interested person files suit to enjoin the same. And after twenty years maximum, their Rules are covenants running with the affected subdivision parcels or condominiums. If the HOA attempted to foreclose upon a spurious lien, then the fee owner might have a defense to foreclosure, but would still need to file in Chancery to enjoin enforcement.
Q: Can a mortgage be discharged if there are still liens/Judgments on it?
1 Answer
| Asked
in
Real Estate Law, Land Use & Zoning and Legal Malpractice
for
New York
on
Answered on Sep 11, 2018
Answered on Sep 11, 2018
Michael David Siegel's answer
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.
Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.
Q: Can my brother change the deed of my mom to his name and not notify us of his doing? Do we loose everything?
1 Answer
| Asked
in
Family Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant
for
Puerto Rico
on
Answered on Sep 10, 2018
Answered on Sep 10, 2018
Q: What are my rights? A municipal is threatening to demolish my house.
1 Answer
| Asked
in
Land Use & Zoning, Municipal Law and Real Estate Law
for
Illinois
on
Answered on Sep 8, 2018
Answered on Sep 8, 2018
James G. Ahlberg's answer
There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as quickly as possible. Bring any and all notices, letters or other information you received from the municipality to your first appointment with the lawyer.
There is no way to answer this question without knowing why the municipality is threatening to demolish your house, what their local ordinances provide and whether their local ordinances are appropriate under state law. The stakes are high, so you need to make an appointment with a local lawyer as quickly as possible. Bring any and all notices, letters or other information you received from the municipality to your first appointment with the lawyer.
Q: Property purchased and can't use because it is a water retention area with basin. What can i do about this?
Peter H. Westby's answer
You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this matter, he or she can advise you as to your legal rights and options.
You may have an action for damages or rescission of contract due to the non-disclosure of this circumstance, but this is not something that you should handle on your own. I strongly recommend that you seek the assistance of an attorney. Once your attorney has all the facts and has researched this matter, he or she can advise you as to your legal rights and options.
Q: How close can my neighbor build a fence to my house?The property line is about 20 inches from the side of my house.
Joseph Jaap's answer
Local zoning codes specify the required setback distance from property boundaries. Talk to the local building and zoning office. You might have to have a surveyor prepare a boundary survey to confirm the exact location of the line.
Local zoning codes specify the required setback distance from property boundaries. Talk to the local building and zoning office. You might have to have a surveyor prepare a boundary survey to confirm the exact location of the line.
Q: I bought a commercial property, it ran off a well for over 50 yrs.
Terrence H Thorgaard's answer
If the legal description in your deed recites that the well is on your property, you might have an action against one or more persons, including the surveyor. You don't want to try to do the research yourself; you need to see an attorney, ASAP.
If the legal description in your deed recites that the well is on your property, you might have an action against one or more persons, including the surveyor. You don't want to try to do the research yourself; you need to see an attorney, ASAP.
Q: Can a HOA change the covenants of a housing development if the covenants says that they can not be changed for 30 years
Anthony Marvin Avery's answer
Homeowner Associations do that and more all the time. Unless you and others file suit in Chancery, they will continue. Rarely does anyone contest their authority.
Homeowner Associations do that and more all the time. Unless you and others file suit in Chancery, they will continue. Rarely does anyone contest their authority.
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