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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Two ppl on a quit claim deed, one dies, does surviving wife get half of the property?? Please read all details!!!

My husband purchased 10 acres in 2020 and my son was put on the quit Claim deed to protect me, as I could not be put on it living in another state and on disability. My son passed away in September 2024 of ALS. He was married Aug 2023 and now she says half the 10 acres are hers. My husband has... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 5, 2025

I'm sorry to hear of the loss of your son, and the mess that this is creating. HOWEVER, without seeing the deed it is impossible to know. This all depends on HOW your son was 'put on the deed'. Was it 'joint owners with full rights of survivorship'? Joint Tenants? Tenants... View More

1 Answer | Asked in Business Law, Land Use & Zoning and Libel & Slander for Georgia on
Q: Is it worth it for a HOA Board of Directors to sue a homeowner for slander?

A homeowner in Georgia, who has since moved but continues to harass and slander members of the Board of Directors for a HOA has created a website under the name of the Association. Should the Association's Board seek legal remedies against this former owner?

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2025

A Georgia attorney could advise best, but your question remains open for three weeks. It depends on a number of factors. If the statements are false and are resulting in damages and fit the requisite mindset, that could form a textbook basis for a lawsuit. However, there are also practical... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My neighbor wants to tie into my fence ( she will have a post beside mine and use my fence for her side). State of FL.

We have an HOA and they are allowing it. My fence was installed 4 inches short to my property line. I can’t move my fence as her gas line is on my property and they are not moving or it will be a minute. I have requested but I am still waiting. I don’t want them using my fence without... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 31, 2025

Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.

You cannot demand compensation from your neighbor for your fence after you installed it. You should have...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I just bought the lot next door. The neighbors power and City Water run across my new lot. Can I make them move them?

The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More

Anthony M. Avery
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answered on Jan 27, 2025

Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Public Benefits and Real Estate Law for Nebraska on
Q: Nebraska cattle trail, easement how to document and liability of damages

Use over 50 years, no access and consent withdrawn.

Julie Fowler
Julie Fowler
answered on Jan 20, 2025

If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on
Q: HOA Florida statute 720.3035 1. updated on July 1st, 2024 "limits or places requirements on the interior of a structu

Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 18, 2025

The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.

You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time...
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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: If an error occurs of property pin placement ( found after 40 years later)can it be grandfathered in?
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

Not enough facts to evaluate. It would turn on an "adverse possession" analysis. The law can be very complex in this area, and is very fact sepcific.

Generally, in Maryland, a party claiming to have adversely possessed property bears the burden of establishing that their...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Neighbor has a fence with a gate that allows him to enter our property. Needing advice about this. Many thanks.

Neighbor enters our property without permission. A few weeks ago he was on our property with a roof repair contractor who went up on our roof without our knowledge or consent. Do we have a right to ask neighbor to put a lock on the gate because we don't want anyone entering our property... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 24, 2024

First, entering your property through your private back yard without consent is the crime of trespass, for which you can contact the police. Perhaps the police would at least have a talk with the neighbor to warn him to not do it again or else. Otherwise, you can hire an attorney to send a cease... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Can I have the power company run underground wire,down a private road/easement to our land?

We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 17, 2024

Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.

Bottom line...
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1 Answer | Asked in Estate Planning and Land Use & Zoning for Virginia on
Q: Should I put my home that sits on agricultural land into a land trust or LLC to protect it?
Dominic Paul Lascara
Dominic Paul Lascara
answered on Dec 16, 2024

There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More

2 Answers | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for Florida on
Q: Loss usage of property

My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 16, 2024

"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Virginia on
Q: Do we have a case against anyone(county, title company, pervious owner)?

When we bought our property we did a title check to make sure there were no restrictions with the property, come to find out there seems to be an easement that was filed with the county a year after we had bought it. however it seems to have been drafted months before we bought the property, do we... View More

Anthony M. Avery
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answered on Nov 6, 2024

Hire a VA attorney to search the title, and examine closely that recorded easement. If easement is for road improvement or maybe an underground utility system, probably no damages. Title companies rarely have a duty to anyone, but might get hit for negligence (again doubtful). Have an... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land.

How do I respond to a land partioning/sale petition filed against me MD? I no longer am the owner. Sold land. I sold the land to my company and later sold my company and the vacant land was apart of that transaction. The person who filed the complaint never put any money and has never paid any... View More

Mark Oakley
Mark Oakley
answered on Oct 16, 2024

The only way a person can file a sale in lieu of partition suit is if they are on the deed to the property, or if they have a legal agreement assigning them an interest in the property signed by the person named on the deed; however, if the latter is the case, and the agreement was never recorded... View More

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1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Business Law, Gov & Administrative Law, Land Use & Zoning and Municipal Law for Maryland on
Q: Does the operation of a family child care home in Maryland constitute residential use as opposed to commercial use?
Kenesha A Raeford
Kenesha A Raeford
answered on Sep 28, 2024

These kinds of zoning questions are usually county specific. Additionally, even where a state or local law does not prohibit the operation of a home day care this does not mean that the home owners association does not have limitations in its bylaws or declarations. So you my want to check into... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: What are my options if I was sold a property without knowing the boundary line is inside my garage?

I purchased a property in 2024, my mortgage survey showed my west boundary line 3 feet outside of my garage. My neighbor is building a house and presented me with a pin survey he had completed in 2023 showing the boundary line is 5.5 feet inside my garage. I have started the process of going... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 24, 2024

Have a survey performed, and if your neighbor is correct file a temporary restraining order against further construction and a declaratory judgment action for the court to determine the rights of the parties. It is not when you purchased the property, but when the home was constructed, (or may be... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: How can I turn my 401k into real-estate and what would I need?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024

That is a loaded question. You can turn your 401k into a real estate holding for your retirement. There are some forms to be filled-out with the , and there are some time limits for the same.

The general idea is that you can buy property with the 401k money, then identify the investment...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: I have purchased land, was given a quick claim deed. However I am trying to sell the land,

Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options

James Clifton
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James Clifton
answered on Aug 29, 2024

In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Louisiana on
Q: What does this mean in La.R. S. 48:491 D.

What does the last sentence of this mean ? D. Notwithstanding any other provisions of law to the contrary, any road or street used by the public is a public road or street provided it is designated as such by the local governing authority, and it shall be within the discretion of the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 9, 2024

More context is needed or we are guessing what information you are exactly seeking, however, my guess is that the local governing authority has a map and/or a list of roads/streeets it identifies as public----and all are public roads with the exception being if any of those roads identified--or... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Massachusetts on
Q: Can a deed to jointly owned property have language requiring all owners consent prior to any owner selling their share?

Can a property deed for jointly owned property in Massachusetts contain language (if mutually agreed upon by the joint owners) within the deed that prevents any joint owner of that property from selling his share of that property without the consent of the other joint owners and if so is such... View More

Anthony M. Avery
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answered on Jul 23, 2024

Such an executory estate might be drafted, but it would be difficult for the other tenants to enforce. It could also be deemed unenforceable as a restraint against alienation. No competent attorney would draft such a questionable conveyance. There are many other estates to consider which will... View More

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