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Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: There are 2 adults who have stayed in a house fir 6 months and then they moved into a barn on the same property. How can

How can I get rid of them

Anthony M. Avery
Anthony M. Avery answered on May 5, 2021

Hire an attorney to file an eviction for possession action immediately.

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1 Answer | Asked in Land Use & Zoning for Georgia on
Q: Is fishing from a public road considered trespassing in the state of georgia. As long as it feet are on public land.

Was wondering if I came across a pond in georgia on a dirt road and started fishing is it treating passing fishing the private pond from a public roads

Michael D. Birchmore
Michael D. Birchmore answered on May 4, 2021

We cannot say without first reviewing the applicable land documents for the site. This could include deeds, plats of survey, affidavits, court filings, etc. If it helps, you should not assume that just because a pond is next to a road it means you have the right to fish it.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Louisiana on
Q: Can you put up land for collateral if you own the majority of it, and another sibling owns a small percentage?
Anthony M. Avery
Anthony M. Avery answered on May 1, 2021

It is possible but few lenders would be willing to loan against such defective collateral. The borrowers might see if they can borrow enough money to buy out the non-borrower's interest in the real property. The loan, note, deed, and security instrument can all be executed in one closing.

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: In England, books are being written asking why strips of land in England are in offshore trusts. Easements granted by

Charter to trust corporations run by the mayor and Alderman who are corrupt. Shame your not in England

Anthony M. Avery
Anthony M. Avery answered on Apr 22, 2021

What is your question? There is alot more than just strips of land in offshore situs trusts.

1 Answer | Asked in Land Use & Zoning for Kansas on
Q: Can the rural water do a easement to take part of your land to connect to are waterline.

They said if we do t take the offer they will condemn the property

Scott C. Stockwell
Scott C. Stockwell answered on Apr 21, 2021

Rural water districts, like most utilities, have the power of eminent domain. K.S.A. 82a-619 (a). With apologies for the length of the following url, the link below is to an article about use of eminent domain by rural water districts in Kansas. It was written by Gary Hanson, of Stumbo Hanson LLP.... Read more »

1 Answer | Asked in Business Law, Contracts, Land Use & Zoning, Real Estate Law and Tax Law for California on
Q: My friend is interested in donating a piece of land to my nonprofit organization. How would we go about this?

Would he receive any benefits from this, tax write offs etc? Also he owes taxes on the property, I am willing to pay those off to make this happen. I plan to use this as a nonprofit headquarters, Art/Yoga/Event Space. Its already zoned for 4 residential structures

Robert Philip Cogan
Robert Philip Cogan answered on Apr 20, 2021

Real estate transfers and planning for the tax consequences are never do-it-yourself tasks. Tax benefits cannot be calculated without information about the property and the taxpayer. You say that you want a nonprofit HQ in a space zoned for residences. This by itself should be a red flag. If you do... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Construction Law on
Q: Can the city build a new road on my property without notifying me?
Anthony M. Avery
Anthony M. Avery answered on Apr 19, 2021

Hire a competent attorney to conduct a title search. That may tell of the City's right of way rights. A survey may be needed also. Eminent Domain is always a possibility, but usually condemnation occurs prior to construction and usage. You may have a suit for damages, but SOL's run... Read more »

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for North Carolina on
Q: Is my landlord allowed to double lease part of our land to another party without notice?

We have lived in our current home for 6 years, recently an acre of our property has been leased out to another party for their horse. We didn't find out intil there were already fence posts in, when asked, the people putting up the fence said that our landlady was leasing the property to them... Read more »

Ben Corcoran
Ben Corcoran answered on Apr 19, 2021

I or any of the lawyers on here would have to read your contract to be able to advise you on this matter.

1 Answer | Asked in Contracts and Land Use & Zoning for Ohio on
Q: Im doing land contract with owner and he owes taxes should that be In contact?

Also if something was to ever happen to him and he is in debt with state would we take on his debt or how would that go??

Joseph Jaap
Joseph Jaap answered on Apr 15, 2021

An attorney should review a land contract before it is signed. Whether it is seller or buyer who is responsible for taxes and debts, would depend on the terms of the contract and the priority of the debts. Use the Find a Lawyer tab to retain a local real estate attorney to review the land... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: I live on a property with a man who is trying to do squatters rights. I live in a seperate trailer. He turned off part

Of my electric. I'm not sure he filled rights correctly either. How can I go about finding out and also is there a way to override his claim on the property.

Teri A. Walter
Teri A. Walter answered on Apr 14, 2021

You don't mention what your rights or claim to the property are, or for that matter, what the basis of the other person's claim claim is. Without knowing both, it's impossible to answer your question.

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Ohio on
Q: I’m in the middle of doing a land contract and I want a lawyer to look over it. That’s all. To make sure it’s fair
Andrew Popp
Andrew Popp answered on Apr 14, 2021

That should be very straightforward. You can use the Find a Lawyer tab on this webpage to find dozens of qualified attorneys who can do this for you. It would likely not be very costly, depending on the terms and length of the agreement.

Best of luck.

1 Answer | Asked in Consumer Law, Real Estate Law and Land Use & Zoning for California on
Q: Hi We live in Saratoga, CA and are having problems with our neighbors across the street.

The neighbors put up bright lights on the front door, gates etc and the glare is coming into our kitchen and front bedrooms. We tried to talk to them and requested to use softer lights or direct back toward their house but they refused to talk. We went to the city, but the code does not have any... Read more »

Scott Richard Kaufman
Scott Richard Kaufman answered on Apr 12, 2021

IF THIS: "We went to the city, but the code does not have any light-trespassing/pollution laws"

is true, it may be tough to sue them? Perhaps you can find a way to limit that intrusion?

Higher hedges? Some shades?

3 Answers | Asked in Land Use & Zoning, Real Estate Law and Estate Planning for Kentucky on
Q: We have 498 Acres there is about 15 names on the property how could we sell the property? Do we need all 15 to sign of
Timothy Denison
Timothy Denison answered on Apr 5, 2021

Yes. You need all 15 to sell by agreement. Otherwise, just file suit to partition...

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maine on
Q: My neighbor just cleared his land of all trees right up to my property line. Clear cut! Can he do that? No trees left!

His property was a forest and every tree is gone right up to my property line. Isn’t there a buffer of some sort? I thought it was 15 ft? I was surrounded by woods and now I see his yard and house with no trees at all.

Fred Bopp III
Fred Bopp III answered on Apr 4, 2021

Check with your Town Office to see if there are any state or municipal land use regulations concerning clearing trees and other vegetation that might apply to your neighbor’s property. For example, there are regulations concerning clearing trees and other vegetation in the shoreland zone, which... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law on
Q: neighbor selling house, they had it resurveyed and my well, fence, and shed are 12" over the property line what can do?

already asked if i could pay all cost to move line and resurvey, they said no. they contacted realtor and said he would take care of it. what can realtor do? what are my options now?

Anthony M. Avery
Anthony M. Avery answered on Mar 25, 2021

There is nothing the realtor can do. You will need to hire a competent attorney to attempt to agree to a Boundary Line Agreement. The lawyer will need the new survey, then draft an agreement to be executed and recorded. It is your encroachment so you should pay for it. If the adjoining owner... Read more »

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1 Answer | Asked in Car Accidents and Land Use & Zoning for Tennessee on
Q: I live on a private road, I have an easement agreement so that I may go to my home. The neighbor behind me does not have

One however, it’s her parents that are constantly coming and going from her home past my home. Her father does not get out of the road. Today I was in the spot where I could not get over (big ditch) and he could and yet he kept coming and almost side swipped my car. My question is if he would... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 24, 2021

You have a number of issues here -

1. Easement- if the other people do not have an easement or right to enter - they shouldn't be using the area. However, over a long period of time they can gain rights - so whoever is the holder of the underlying easement needs to protect the...
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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a co-op board make changes to a signed and executed proprietary lease with a shareholder Like, allowing subletting?
Michael Zamzow
Michael Zamzow answered on Mar 23, 2021

I think we'll need more information to offer an insight.

Depending on the power of the co-op board, it might be able to dictate certain guidelines, there are sometimes 'reasonable' boundaries, but oftentimes what is ever is written in the bylaws controls.

1 Answer | Asked in Land Use & Zoning for North Carolina on
Q: My father and his siblings are selling land they inherited jointly; sitting adjacent to and on a small portion of the

Land sits the family church they allowed to be built giving them a parking area and a small yard and a fence to divide properties. This was done 40 years ago. The family found a buyer who had land surveyed & decided to buy. They close this week but the buyer now says he wants to remove fence... Read more »

Ben Corcoran
Ben Corcoran answered on Mar 23, 2021

No adverse possession does not apply because the church had your permission to use the land. Adverse possession requires that it was being done against your family's wishes.

My advice is to sign a long-term lease with the church, and then the buyer would take the land subject to that lease.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: We want to purchase the lot of land beside us, but the deed is in a deceased person's name, the heir of the deceased

The heir of the deceased is also deceased, the 2nd deceased heirs said that we could purchase the land with an Heirs Deed, what is an Heirs Deed and is it guaranteed, what should be our worries

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Hire a competent attorney to determine Heirship and draft an Affidavit of Heirship and a Deed for the Heirs to convey. A Warranty Deed might help you, but a good lawyer looking at the title and boundaries now is what you really need.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: Hi my grandmother is the only survivor of her siblings and parents. How can we find out how much land pertains to her?

Currently some family members have built houses on the land. We would like to find out how much land she would currently have? We like to built on the land as well. Not sure where to start? Or how much this would all cost. We have asked some family members but no one seems to know anything. Thank... Read more »

Anthony Armando Nozzolillo
Anthony Armando Nozzolillo answered on Mar 13, 2021

Greetings:

You would need to ascertain who is the vested owner of the property by having a "last deed search" run. Once you are in receipt of the deed, this will reflect who is the "of record" owner of the property. If it is discovered that the land is currently owned by...
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