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Land Use & Zoning Questions & Answers
1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you, add a... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Traffic Tickets, Land Use & Zoning and Municipal Law for Alabama on
Q: Can the city of Millbrook have jurisdiction in Prattville on highwAy 14

I was pulled over by Millbrook city officer after I had crossed under the interstate 65 exchange and beyond the first red light you come to when you cross into Prattville on highwAy 14.he pulled behind me at the red light and when the light turned green turned on the blue lights.I don't believe he... Read more »

Whitney Benjamin Polson
Whitney Benjamin Polson answered on Jan 17, 2020

Venue is the legal term for where a legal case can be tried. If the crime and arrest were outside the city limits jurisdiction of the Millbrook officer, then your criminal lawyer can file an appropriate motion to dismiss the charge for improper venue.

1 Answer | Asked in Business Formation, Estate Planning and Land Use & Zoning for Kentucky on
Q: I would like to start an Airbnb on my grandmas property in Frankfort KY. I have called division of planning and zoning

For a license she said that county doesn’t approve those yet but multiple people have Airbnb’s there they just “look the other way.” So my question is from a legal standpoint what documents and insurance would I need at this point and how do taxes work for this situation so I won’t get in... Read more »

Timothy Denison
Timothy Denison answered on Jan 16, 2020

Evidence of ownership, proof of insurance and a tax I’d number both federal and state.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arizona on
Q: Do other access roads, though not in good condition, negate a prescriptive easement?

A prescriptive easement exists and a new property owner fenced the easement. Can the new property owner legally fence off the easement? Three other access roads exist, however, none of them are in good condition and are longer. Can the new owner be forced to remove the fence? And do the other... Read more »

Peter H. Westby
Peter H. Westby answered on Jan 13, 2020

This is not a question that can be easily answered here. The answer depends upon many facts that were not included in your fact summary, including but not limited to the history of the easement that has been fenced off. I strongly recommend that you have this matter reviewed by a real estate... Read more »

Q: Without my notice, my grandfather’s Culpeper VA home was sold by forced partition sale. Do I have any recourse?

Recently I received an email from a paralegal asking if I’d recieved a check. A PDF was attached with a partition sale documents showing my final proceeds to be about 1.5% of my perceived value of the land that had been in my family for decades; after expenses. About 2 years ago my 2 sisters has... Read more »

Richard Sternberg
Richard Sternberg answered on Jan 13, 2020

It is unlikely that you can reverse the process at this late stage, and it will be useful to understand why you ignored the issue so long. But, in many circumstances, Virginia law in partition rulings is not final for two years after the final order. That might help, but you need to start... Read more »

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: Looking for Real estate information on property in Puerto Rico

My mother is the last living sibling and her father has a piece if property in Puerto Rico. My mother only knows the name of the area. How can I find out where it is and include that info in her will that we are trying to draft.

Nelson Jose Francisco Alvarez-Aponte
Nelson Jose Francisco Alvarez-Aponte answered on Jan 10, 2020

Hello and thank you for using Justia. You will need to do a Property Registry study to find the location of the property. This can be done by an Attorney at a reasonable fee.

If you need additional information please feel free to contact me directly. Happy New Year...

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Can I stop my neighbor from subdividing his land?

I own several acres of land. The neighbor behind me has 40. He uses an easment on my property to get to his land. He wants to subdivide his land. That would make the traffic on my land much busier and from what I understand I am responsible for maintaining the easement. Is there anything I can do... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 9, 2020

Start by checking what type of easement he has and whether it gives him the right to subdivide his land and keep the same easement. I'm surprised he's not responsible to maintain the easement. You may want to take the deed regarding the easement to an attorney to review.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for New York on
Q: Width of utility easement is unclear

During a title search on a property a permanent Town sewer utility easement was recovered. In the document it says «...grant and release PERMANENT EASEMENT TEN (20) feet in width across the lands..”

Making it confusing what is the width 10 or 20 feet?

Is it necessary to correct... Read more »

Mathew Paulose
Mathew Paulose answered on Jan 7, 2020

Greetings. This appears to be a scrivener's error. You will need an attorney to reform the document. The attorney will file an action in court asking the court to determine whether 10 or 20 feet was intended by the parties that created the easement. The Town will be joined as a party to the... Read more »

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: i am zoned for 5 animals at my specific address. can dcf legally tell me that i can only have 4.

none of my animals are sick and my child isnt sick. can you supply a specific law that covers this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

All "zoning laws" allow you to keep some number of animals at you address are local ordnances, not laws. Whenever the health, welfare and/or safety of children is an issue the Florida DCF has superior state law jurisdiction and the authority under Florida law to protect all children everywhere.... Read more »

1 Answer | Asked in Intellectual Property and Land Use & Zoning for Indiana on
Q: Is it illegal for a pedestrian to cross and residential property?
Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 28, 2019

technically yes,

why would they do that?

what is the extend of the trespass?

whether you can go after them or not depends on a number of factors.

if you think you have a problem of this nature, consult with an attorney.

cheers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Property is in the "estate" of a deceased parent. How can we obtain legal ownership without a will?

We pay all bills and taxes associated with the property and household. There are two other siblings, who have not had anything to do with the property for nearly 20 years, and the spouse of the deceased is still living here but incapable of maintaining anything. The property was acquired before the... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 27, 2019

The spouse will have a right to live their for the remainder of their life regardless of whether it was acquired before marriage.

Ownership of property technically transfers to the legal heirs upon the death of the present owner. If this is your parent and they owned the house before they...
Read more »

1 Answer | Asked in Civil Rights, Divorce, Family Law and Land Use & Zoning for Louisiana on
Q: can i take possession of my house during a separation if the mortgage was in my name before marriage? Louisiana

i have 50/50 custody of children. It was also decreed that i have the right to fair market rental value in the separation orders. I have paid the mortgage for 6months of the separation and i would like to evict her to make her go find a new home. i would like to give her 60 days or 90 days to find... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Dec 26, 2019

Mortgage is irrelevant. Your attorney needs to press for partition of community property to get her evicted.

1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Land Use & Zoning for Ohio on
Q: How is this portion of the Ohio revised code not unconstitutional?

Ohio revised code 505.07 seems purpose written to allow Township Trustees and Developers to effectively negate the results of any zoning referendum and deny citizens voting rights. Consider the following scenario, Trustees have been ignoring recommendations from zoning board and residents to not... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 19, 2019

Local governments can mostly do what they want unless subjected to a legal challenge. Concerned residents can join together and use the Find a Lawyer tab to retain a local attorney who handles administrative law, land use, and zoning issues, to advise them about filing a lawsuit.

1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for New York on
Q: I have dogs trespassing on my hunting land. How do I force the owners to restrict this? DEC wont do much, wrote 1 ticket

numerous pictures of the dogs, all over my property. Owners were asked numerous times to tie their dogs up. That didnt work so I had DEC go speak to them and they were given a warning. Didn't work, so DEC went back and issued a ticket. Didn't work, now DEC is telling me they cant do anything but... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Dec 18, 2019

You can sue the owners civilly and also seek a temporary restraining order to get immediate relief pending the outcome of the lawsuit.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Real Estate Law on
Q: What’s the protocol for a life estate holder who wants to rent out the house now. Does he need a special type lease?

And what happens to the deposit from the renter that the life tenant holds in his account when the life tenant dies? What is the protocol for the remainder man can he immediately take possession of the property.?how does the renter get their deposit back from the family of the life tenant who’s... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 17, 2019

As the tenant was married to the life tenant, he most likely was aware that his wife only owned a life estate. His claim for refund of the deposit is a claim against the life tenant’s estate. However, you might offer to refund it to him personally and save him from having to make a creditor’s... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?

Thomas B. Burton
Thomas B. Burton answered on Dec 12, 2019

Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they listed... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I bought land from someone who never filed easement.

I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in

Chancery Court to have an Easement Declared (which will be...
Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How much per day can I charge for storing a tractor trailer on my Private property.
Donald C Eby
Donald C Eby answered on Dec 9, 2019

There is no legal limit.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: We want to buy some property but on the power lines at the side of the property it has a sign that says wetland 29

What does this mean?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

I do not know what "29" is, but wetland means you can do nothing with a generally defined area of the property. It sounds like TVA has run their easement very carefully. You may not wish to buy t he property. Or you might hire a competent attorney to conduct a title search, and possibly hire... Read more »

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