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Land Use & Zoning Questions & Answers
2 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Hello, what kind of lawyer do i need? The county said i was in violation of code on a property that i am leasing.

I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How am i... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 1, 2020

You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... Read more »

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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: Neighbor claims Right-of-Way, and blocks back yard driveways. How can I find out who legal owner of the road is?

He made another neighbor cut off about a two-foot section of their driveway because it was on his road. He is refusing access to this road. It is classified as a Right-of-way. He says he has a lawyer and is trying to make neighbors sign a form saying they will remove all encroachments and not... Read more »

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Mar 31, 2020

To the question "How can I find out who legal owner of [a particular road or property] is?" A survey and/or a title search can usually answer the question. A title search goes through the land records and can reveal whether someone lawfully owns X sq. feet of land or show whether or not there... Read more »

1 Answer | Asked in Estate Planning, Gov & Administrative Law and Land Use & Zoning for Indiana on
Q: If you take care of a pice of ground for 50 years mow it and clean it up does it become yours
Ben F Meek III
Ben F Meek III answered on Mar 27, 2020

Maybe. In order to obtain land by adverse possession there are several things you have to be able to prove. That you possessed the property, that you exercised control that was exclusive (nobody else controlling it), open (not hidden), notorious (well known or easy to see), and hostile to ownership... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: Just found out my house was built across a property line some 30+ years ago. Owner of encroached land shows no concern.

I want to sell my house. Encroached land is my front yard (extensive improvements). Can I legally annex this 1/2 acre strip to sell my house?

Gregory Byrnes
Gregory Byrnes answered on Mar 26, 2020

You may have a claim for adverse possession:

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New York on
Q: My dad has land in P.R. and passed away in June 2018. How can I go about gathering or claiming information on that land?

It is my understanding that my father and his siblings each purchased a piece of land in PR at the same time more than 30 years ago.

My father was NOT married when he purchased the property. He then went on to marry my mom whom he divorced in 1990 before passing in June, 2018.... Read more »

Elaine Shay
Elaine Shay answered on Mar 19, 2020

It would be better to post your question about how to find information about property ownership in a board for Puerto Rico where the property is locate. If you intend to file to probate/administer your father's estate, the proper place to file will depend on where your father resided at the time... Read more »

1 Answer | Asked in Real Estate Law, Business Formation and Land Use & Zoning for Maryland on
Q: Do shareholders have rights (as a individual would have) on properties owned by the company in Maryland?

For example, a company purchases and owns a 200 acre property, does every shareholder of this company have the right to use the property, just like if an individual owns it? Will they be considered as owners of the land to camp, hunt, fish and other outdoor activities on the land?

It is... Read more »

Richard Sternberg
Richard Sternberg answered on Mar 12, 2020

A corporation is like a separate person. The fact that you have rights in the person does not give you rights in its property. Those rights are defined by corporate law, the articles of incorporation, the bylaws, and any applicable contracts

1 Answer | Asked in Real Estate Law, Agricultural Law, Environmental and Land Use & Zoning for Texas on
Q: A neighbor is complaining the tanks in our cattle pasture overflow when it rains and flood his yard. What do we do?
Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

A Texas attorney could best address your question, but your post remains open for two weeks. If you contacted a few local attorneys, they could probably outline for you the liabilities and repercussions before you, as well as your rights. You could also explore what options are available to stop... Read more »

1 Answer | Asked in Land Use & Zoning for California on
Q: can a conservation easement holds steal the land?

if the landowner dies and the easement holder goes bankrupt can a third party move in, steal the land?

John Francis Nicholson
John Francis Nicholson answered on Mar 5, 2020

You have provided nowhere near enough facts for anyone to answer your question with an informed opinion. That being said, I think it would be fair to say that no one can come in and "steal the land."

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Puerto Rico on
Q: Greetings, I am unclear as to Adverse Possession, not asking about squatters, laws in Puerto Rico.

Adverse possession (not squatting) in regards to real estate, as I understand it, is when someone has taken over part of your property and is actively using it with your knowledge and you, the legal owner of said property has done nothing to remove the person from your property. After a set amount... Read more »

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Mar 4, 2020

Hello and thank you for using Justia. This does form part of squatter's rights known as "Usucapion". In order to become the new owner, the party that is using your property must do it in a peacefull manner, act as if he is the owner infront of the públics eye, do acts of ownership and in your case... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on
Q: I was given a notice to vacate because of the conditions of the house.
Joseph Jaap
Joseph Jaap answered on Feb 28, 2020

If the building department issues a notice to vacate, it can have the order enforced. So talk to them about it to find out how long you can stay, and start looking for another place. If you are renting, also talk to your landlord about it. Use the Find a Lawyer tab to retain a local attorney if... Read more »

1 Answer | Asked in Traffic Tickets and Land Use & Zoning for North Carolina on
Q: I live in a senior community that requires a sticker issued by the property mgr. to residents to prevent towing. There

are several handicap spaces. My car was parked in one of them when it was towed. I have a handicapped displayed on my rear view mirror. Is that a legal tow?

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 26, 2020

According to you - you need a sticker in addition to a handicapped plate or placard. If you didn't have a sticker it is likely a proper tow.

1 Answer | Asked in Criminal Law and Land Use & Zoning for Georgia on
Q: Hi,my landlord is telling me i need to move due to knowing my husband has a past charge and there is another guy

Living in the same trailer park.I payed 1 months of rent and tells me that i need to move. I pay $672 a month. I gave them $1100 to move in. They knew he had the charge and he is on the lease.

Ecleynne Mercy
Ecleynne Mercy answered on Feb 24, 2020

Hey there must be a valid lease first to see what legal recourse you have.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Civil Rights for Tennessee on
Q: Reverse the signature of land deed due to Diagnosis of MS. Signed over threat of nursing home.

My condition is stable and I live on my own.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: property line on single family home I disagree with the county
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

You have not given enough information.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Q: Hi My grandfather owned a tract of land in NOLA and he passed away in 1988. I am searching to find ownership now

My mother gave me a letter from 1988 stating a lawyer would contact her from NOLA and that never happened. I have no idea what happened to the tract of land. DO we still have any rights to the land?

Richard Sternberg
Richard Sternberg answered on Feb 11, 2020

It’s unlikely, but it’s possible. The answer is learned by ordering a title search, and that will cost money.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: If an easement runs with land in Ca and then the land goes through a judicial foreclosure... does this break easement

Related to a sign on commercial Ca property where there were easements made that run with land for access to sign .... but people are not paying and property taxes up. Can we remove their signs ?

George W. Wolff Esq.
George W. Wolff Esq. answered on Feb 11, 2020

Usually an easement would survive a judicial foreclosure.

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Ohio on
Q: Our neighbors have 12 dogs that they keep inside their home. Is that legal outside of a municipality?

When they are outside, they bark continuously. Every time we go outside we have dogs barking at us. We have complained to the township trustees, and have even called the sheriff a couple times. The only answer we get is there is no law governing this. The only thing the township told me is that... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 11, 2020

Have you talked to the neighbors about it? If there is no local ordinance, then your options are limited. Use the Find a Lawyer tab to retain a local attorney who can review the facts and discuss filing a nuisance lawsuit. But neighbor problems are difficult to resolve, and can escalate,... Read more »

1 Answer | Asked in Entertainment / Sports and Land Use & Zoning for Florida on
Q: Is it legal for me to ride my dirtbike in my neighborhood?

I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street sign... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2020

The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).

For the local laws you would have to ask somebody in your locality..

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for New Jersey on
Q: What if the apartment the tenant is residing in is an illegal conversion and has proof

I live in an illegal conversion and my landlord wants to evict us cause I got into an argument with him cause hes not turning on heat and my wife is pregant

Peter A. Michael
Peter A. Michael answered on Feb 7, 2020

If you are living in a legal apartment, then you may be entitled to reallocation fees. In the state of New Jersey reallocation fees are your monthly rent times 6. I highly recommend you consult with an attorney trained in the area of landlord tenant. My office offers a free no obligation... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I'd like to buy about 1/5 acre of land from my neighbor in Knox County, TN. What steps should I take?

The couple who owns the property is going through a divorce and planning to sell the property soon, but has not yet listed it. Should I approach them before they put it on the market?

Anthony M. Avery
Anthony M. Avery answered on Feb 3, 2020

You can make an offer now, while both own it. But it will not be simple, as you need a survey, and may possibly have to work out an easement. You need a title search first. After you do all this, the conveyance may not be made.

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