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Land Use & Zoning Questions & Answers
Q: Hello, I have property that I own. A friend of mine put a trailer on the one piece of land. He died in November of 2016
1 Answer
| Asked
in
Land Use & Zoning and Real Estate Law
for
Pennsylvania
on
Answered on Jun 18, 2018
Answered on Jun 18, 2018
Elizabeth Tarasi's answer
He will have a hard time winning unless you agreed or have a written agreement to secure the trailer home for him.
He will have a hard time winning unless you agreed or have a written agreement to secure the trailer home for him.
Q: If the deceased owner of 9 lands in Tx. passed without a will, how can the person entrusted with the land sell?
Tammy Lyn Wincott's answer
It sounds like you'll need a "Determination of Heirship" and "Administrator" appointed who can pay any debts and sell property if necessary, giving the remaining assets to the appropriate heirs.
I'm going to move this over to probate as well.
It sounds like you'll need a "Determination of Heirship" and "Administrator" appointed who can pay any debts and sell property if necessary, giving the remaining assets to the appropriate heirs.
I'm going to move this over to probate as well.
Q: We frequently have our only exit to the house blocked. Sometimes by bicycles and chairs, often by partiers and smokers.
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Small Claims
for
New York
on
Answered on Jun 12, 2018
Answered on Jun 12, 2018
Michael David Siegel's answer
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.
This would violate your lease, but if police will not do anything, your recourse is to leave by breaking your lease. Be sure to document with photos these issues so you can show a court later if needed.
Q: I want to petition for an increase lot size requirements in an R1 zone neighborhood. How do i go about doing this?
Richard Sternberg's answer
Changing zoning to up-zone property owned by someone else is going to be an uphill battle. There are tricks and skills, but it isn't going to be accomplished inexpensively, and it isn't going to happen based on an Internet-explored plan on a pro se budget. You need to sit down with a Virginia real estate lawyer, who will need to spend time reviewing the current zoning, the putatively expired permits, the facts about the offending construction, and the political environment. It is most likely...
Changing zoning to up-zone property owned by someone else is going to be an uphill battle. There are tricks and skills, but it isn't going to be accomplished inexpensively, and it isn't going to happen based on an Internet-explored plan on a pro se budget. You need to sit down with a Virginia real estate lawyer, who will need to spend time reviewing the current zoning, the putatively expired permits, the facts about the offending construction, and the political environment. It is most likely...
Q: tenant is hauling truckloads of junk and storing it outside storage building causing complaints. What can I do?
1 Answer
| Asked
in
Land Use & Zoning and Landlord - Tenant
for
Virginia
on
Answered on Jun 10, 2018
Answered on Jun 10, 2018
F. Paul Maloof's answer
This sounds like a commercial lease, which is controlled by its own provisions about the tenant's obligation to maintain the premises. Check the lease for the landlord's remedies if there is a breach of the lease.
This sounds like a commercial lease, which is controlled by its own provisions about the tenant's obligation to maintain the premises. Check the lease for the landlord's remedies if there is a breach of the lease.
Q: My landlord was mowing the yard and accidentally hurled a rubber mallet through my window. What should I do?
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
Tennessee
on
Answered on Jun 6, 2018
Answered on Jun 6, 2018
Bennett James Wills' answer
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.
If no one was injured the only recourse is to have the landlord replace the window, which you said they'll do. Unless someone is damaged or hurt, there's no legal recourse.
Q: I live in Tennessee. My HOA is making rules that I feel are unreasonable. What can I as a homeowner/ they do as an HOA?
Bennett James Wills' answer
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.
Attend meetings and voice your opinion. Vote. Join the HOA. There are several things you could try to do. Without more info, one can't tell if you have any legal recourse. Unreasonable and illegal are different. Consult local counsel.
Q: Do I need a lawyer to deed my house that my mother left to us ,how do I deed to myself and can I just copy my mom's dee
1 Answer
| Asked
in
Estate Planning, Foreclosure, Real Estate Law and Land Use & Zoning
for
North Carolina
on
Answered on Jun 3, 2018
Answered on Jun 3, 2018
Vincent Gallo's answer
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
You do not need a lawyer to prepare the deed, or to record it, if you competently know how to do it yourself.
Q: I and my 8 siblings were gifted 100 acres from Grandmother. We each own 1/9 interest. 2 of the siblings began
Terrence H Thorgaard's answer
As to the real property, each of the siblings would own an undivided 1/9 interest in the land. It the land were sold, each of you should get 1/9 of the net proceeds.
As to the business, it appears that the two siblings who are doing business own that. Absent an agreement with the other joint owners of the land (the other siblings), the business owners are not required to share the wealth, represented by the business, with their other siblings, if that 's what you are getting at.
As to the real property, each of the siblings would own an undivided 1/9 interest in the land. It the land were sold, each of you should get 1/9 of the net proceeds.
As to the business, it appears that the two siblings who are doing business own that. Absent an agreement with the other joint owners of the land (the other siblings), the business owners are not required to share the wealth, represented by the business, with their other siblings, if that 's what you are getting at.
Q: How would I go about selling parcel when it shares a deed with another parcel and has one mortgage
1 Answer
| Asked
in
Real Estate Law and Land Use & Zoning
for
Pennsylvania
on
Answered on May 29, 2018
Answered on May 29, 2018
Mark Scoblionko's answer
It makes a big difference if the shared deed (a) recognizes the two individual parcels and references surveyed legal descriptions for each, or (b) everything is referenced together as a single tract, with a single legal description.
If (a): You would require consent by the mortgagee, which would release the tract being sold from the lien of the mortgage. At that point, you would simply give a deed for the parcel being sold.
If (b): You would need to hire a surveyor to survey...
It makes a big difference if the shared deed (a) recognizes the two individual parcels and references surveyed legal descriptions for each, or (b) everything is referenced together as a single tract, with a single legal description.
If (a): You would require consent by the mortgagee, which would release the tract being sold from the lien of the mortgage. At that point, you would simply give a deed for the parcel being sold.
If (b): You would need to hire a surveyor to survey...
Q: My landlords/managers keep breeching contract of 24 hour notices, dictating how Decor is to be placed. what do i do?
Salim U. Shaikh's answer
Referring to LL last visit in violation of notice time, you may formally write and remind of contractual clause that govern their visit/inspection that LL must abide by in terms of 24 hours notice, purpose of visit to be informed, ensuring presence of tenant, etc. etc. This would help to resolve the issue.
Referring to LL last visit in violation of notice time, you may formally write and remind of contractual clause that govern their visit/inspection that LL must abide by in terms of 24 hours notice, purpose of visit to be informed, ensuring presence of tenant, etc. etc. This would help to resolve the issue.
Q: I am pro se in an arbitration case and need to find a service for performing legal research. Any suggestions?
1 Answer
| Asked
in
Agricultural Law, Arbitration / Mediation Law and Land Use & Zoning
for
Maryland
on
Answered on May 26, 2018
Answered on May 26, 2018
Salim U. Shaikh's answer
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Some specific details were found missing e.g. who nominated arbitrators? which of the two entities are in arbitration? what core issues are supposed to be settled by arbitration? why dispute did arise : due to lack of clarities in terms of reference, or dispute etc. whether award will be binding on both parties? etc. etc. Elaboration required.
Q: If a piece of property was given to the prior owners of a lot does the property line shift to the original distance?
Anthony Marvin Avery's answer
You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.
A suit to Determine a Boundary Line and Trespass may be your only alternatives.
You have not stated how the gift of 1 foot was made nor how long ago. These questions must be answered and will determine wheter you have Acquiesed to the new asserted boundary line your neighbors are claiming. More than likely both sides have Acquiesed to the Fence as is.
A suit to Determine a Boundary Line and Trespass may be your only alternatives.
Q: In Livingston Parish, if I paid the property taxes on family owned land, can I claim that land and put in my name?
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Tax Law
for
Louisiana
on
Answered on May 21, 2018
Answered on May 21, 2018
Christie Tournet's answer
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...
No. Under Louisiana law, property is conveyed only in 1 of 3 ways: by a deed (if someone is still alive), by succession (either by Will, or default state law for distribution of one's estate), or by adverse possession (owning as owner for a certain time period). If you are talking about "family land," most often people use that phrase when there are multiple owners, some of which cannot be found. Those situations make a succession or an adverse possession suit almost impossible, as you must...
Q: does a homeowner have 7days to cut their lawn after given a 7day notice by township total being 14days
Bruce Martin Broyles' answer
The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.
The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.
Q: Tenant lives in guest attic (has water, electricity, working toilet/shower) 2 doors to attic, whatif he tries to breakin
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant, Criminal Law and Antitrust
for
Illinois
on
Answered on May 16, 2018
Answered on May 16, 2018
James G. Ahlberg's answer
Yes, though you'll want to consider how it will affect your relationship with your fiance.
Yes, though you'll want to consider how it will affect your relationship with your fiance.
Q: What are the rules about people walking on a beach that's owned by a private landowner?
Elliott R. Teel Esq's answer
If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even fencing to block access.
If there are no easement rights to walk on the beach or any other basis for permission, then it is essentially trespassing. You need to be sure that the beach is part of the land that is owned, and that should be provided for in the property deed. No Trespassing signs can be posted, and even fencing to block access.
Q: im seeking zoning approval for a home based federal firearms license and the zoning department refuses to contact me
Bruce Martin Broyles' answer
Zoning is very specific as to the political subdivision that has jurisdiction over the real property. You will then need to find the zoning ordinance for the real property. The ordinance will give you specific guidelines as to the procedure. I believe that you are seeking a "use variance". In most political subdivisions the application is made to the zoning inspector. His decision is then appealed or forwarded to the planning commission and then onto the Board of Zoning Appeals. (The names...
Zoning is very specific as to the political subdivision that has jurisdiction over the real property. You will then need to find the zoning ordinance for the real property. The ordinance will give you specific guidelines as to the procedure. I believe that you are seeking a "use variance". In most political subdivisions the application is made to the zoning inspector. His decision is then appealed or forwarded to the planning commission and then onto the Board of Zoning Appeals. (The names...
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