Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Our drinking well is on a property that was sold. Does the person who bought the land need to drill us a new well?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Answered on Apr 12, 2019
Christopher Tolley's answer
If the well was on your property and you sold the land, you should have made some provision for retaining an interest in that land, like an easement, so you can keep using the well. If you did not, there may be an issue with the current owner because if you have no easement, you may not have a right to keep the well on the land. If the property with your well was owned by a third party and sold to a third party, and you had an easement for the well, you should not have to have a new well dug...

Q: Hi I wanted to buy a vacant land on the corner of a residential block (residential lot). Can I rent it for parking space

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Answered on Apr 11, 2019
Ray Choudhry's answer
If you are in a city, the city's zoning laws control land use.

You need to go see the Zoning Office and find out what you can do with that lot.

Sometimes you can apply for variances but that is another matter.

Q: Is living in your vehicle legal in Louisiana?

1 Answer | Asked in Criminal Law and Land Use & Zoning for Louisiana on
Answered on Apr 9, 2019
Ellen Cronin Badeaux's answer
No that violates municipal statutes.

Q: Is my lease valid if the owner did not have the proper zoning permit for an accesory dwelling in Arlington?

1 Answer | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Virginia on
Answered on Apr 7, 2019
F. Paul Maloof's answer
If the landlord will not agree to terminate your lease, you will need to file suit and seek a judge to determine the lease is void as a matter of law.

Q: I am looking to hire a vacant business property for two weeks. What insurance do I need? What do I need in writing?

1 Answer | Asked in Contracts, Insurance Defense and Land Use & Zoning on
Answered on Apr 1, 2019
Bruce Alexander Minnick's answer
I do not know where you live, but I can tell you that it is impossible to "hire a vacant business property" in Florida.

If you mean to say you are renting a business property then I advise you to do everything in writing. Regarding the need, vel non, for insurance, no one can answer that question without knowing what kind of business you are planning to do.

Q: How to remove a abandoned broke down car my son left on my property without a title.

1 Answer | Asked in Land Use & Zoning for Florida on
Answered on Mar 28, 2019
Charles M. Baron's answer
This is not a land use & zoning question; it's more of a general practice question. I assume your son is an adult. The first thing that should be done in this kind of situation is to attempt to confirm the abandonment in writing, to avoid any potential claims of you causing a loss to the other party (in this case, your son). For example, you could send an email, text, or certified mail letter to your son stating he abandoned the vehicle, has no ownership interest in it, and it will be...

Q: Can I sue my landlord for breach of contract emotion distress among other things as well. My landlord will not honor

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Mar 27, 2019
Manuel Alzamora Juarez's answer
Your landlord is a jerk and may be acting illegally. You have a right to have visitors in your apartment. If you rent a room in his house, that may be different. If he interferes with your BF visiting you, notify him that he is not staying overnight. See what he says about that, If he says he cannot come even for a visit, then he may be in violation of your Covenant of Quiet Enjoyment and you could sue him. Best of luck.

Q: My neighbor would like to change our property line (which is odd). We are in agreement. What steps need to be taken?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Answered on Mar 9, 2019
Jennifer Sheila Kornblum's answer
You should have a surveyor prepare the new legal descriptions of both properties. Then a deed needs to be prepared transferring the parcel being transferred. A lawyer can do that. But start with a surveyor.

Q: Hello, I currently bought land and the owner before stated the septic tank was on the property.

1 Answer | Asked in Gov & Administrative Law, Intellectual Property, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Mar 6, 2019
Leonard Robert Grefseng's answer
This is too complicated to answer without reviewing your contact , any disclosures and the closing documents. It may be that some misrepresentations were made during the sale, and if so, you may be entitled to rescind the contract ( give the land back and get your money back) or alternatively, you might be entitled to damages. Consult an experienced litigation attorney soon.

Q: I am researching the Colorado rent control ban. How do I find out about the original court case that it came from?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Mar 5, 2019
Timothy Canty's answer
The Colorado legislature made rent control by municipalities illegal and that position was affirmed by the Colorado Supreme Court. Chief Justice Malarkey dissented but was out voted. The legislature could always change that. That would be a bad idea in my opinion. See the link below.

https://frascona.com/rent-control/

Q: What about mowing our property even though we have asked him not to and how many strips beyond what he has taken

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
There is no rule about that. Coming over the boundary line is technically a trespass. Use the Find a Lawyer tab to retain a local real estate attorney who can review a survey and all the facts, and advise you with specifics.

Q: I have a question about property owners rights. We have a neighbor that has been mowing our property and asked not to

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Ohio on
Answered on Mar 1, 2019
Joseph Jaap's answer
You could send them a letter giving them "permission" to keep it there, but advising you retain the right to have it removed at any time. Send the letter by certified mail with return receipt, to defend against any claim by them for "adverse possession." Or you could demand that they remove it, and if they don't, you could file a lawsuit for trespass. Use the Find a Lawyer tab to retain a local real estate attorney to review all the facts and advise you of these options.

Q: Can my vehicle be towed from a private property without notice?

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Answered on Feb 28, 2019
F. Paul Maloof's answer
I do not handle car towing matters. Sorry.

Q: Can a utility company put anchor cables in a right of way that partially impedes access to my property.

1 Answer | Asked in Land Use & Zoning for Colorado on
Answered on Feb 22, 2019
Donald C Eby's answer
If there is no easement you should have an attorney send a demand letter to Century Link. This will ultimately force CenturyLink to prove it has a right or move the cables at its expense.

Q: What type of attorney do I need to speak to regarding a cell phone tower lease agreement and contract negotiations?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Mexico on
Answered on Feb 18, 2019
Carlos N. Martinez's answer
You would best be served by an attorney that deals with business law, and contract negotiations. Any business law attorney worth their salt would be able to assist you in the above.

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