Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Can my landlord alter the size of my lard without permission or notice?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on May 27, 2017

There's some information missing here. Do you have a lease? Rental agreement? Either way, what property are you renting/leasing? Does your agreement define the total square footage of your tenancy? If you're only renting a house on a piece of property, rather than the house and yard etc. which is totally described in your lease/rental agreement, you may or may not have any ability to prevent the landowner from doing whatever he wants with his adjoining properties and where he wants the property...
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Q: How to write a letter to the court for a lien?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on May 25, 2017

Your question is not clear as to what you want to do.

So in short, if there is a court case you write a letter to the court in whatever form you desire to express your position on the case. Then and most importantly you must indicate on the letter that you sent it to the HOA attorney as well. Then send them an actual copy. In terms of settlement the judge or court cannot make a party settlement. The judge can make the parties go to mediation to discuss settlement but that is all....
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Q: can the city zone way all new residential development in a sensitive area without it being a taking?

1 Answer | Asked in Land Use & Zoning for New York on
Answered on May 24, 2017

It might be considered a taking, and then there'd be a right to just compensation for the landowner. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: I live in Tiburon,CA. I have a Driveway and Swimming Pool easement with my neighbor. I own the Swimming Pool.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on May 24, 2017

1. Believe them, live with the conditions, have a nice summer. 2. If suggestion number 1 is not acceptable, have a consultation with a real estate attorney regarding possible options; and be prepared to spend some money for repairs.
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Q: Q: I live across from a commercial property. What is the comm. prop. owners limits as to what he can do with his land.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Answered on May 20, 2017

It depends on the zoning. You can sue for nuisance and report illegal noise disturbance to the police. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
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Q: 1. I'm a musician. Do I need a (police) 'permit' to sell tickets and play live gigs in my California apartment?

1 Answer | Asked in Entertainment / Sports, Land Use & Zoning and Municipal Law for California on
Answered on May 16, 2017

You may be violating your lease, zoning, and/or licensing laws relating to music venues. You may need contracts with the additional musicians. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas...
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Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7
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Q: Can a county demand an easement as part of a subdivision approval?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Answered on May 9, 2017

Yes, they can unless you can prove their decision is discriminatory or capricious. As long as they have a reasonable reason to impose the requirement they can. Sorry.
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Q: does my neighbor have to split the cost of a fence

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Utah on
Answered on May 9, 2017

If they agreed to the fence then it sounds like there is some kind of contract. So your question really is a contract question. If they just agreed to allow you to construct a fence, then there is no obligation to pay for it. You could argue unjust enrichment, but if they didn't do anything to make you think they would help finance the fence, then this decision was yours and you can't legally obligate them to pay for it.
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Q: What is the definition of a dwelling in Florida and what can be done to remove a buildings classification as a dwelling?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on May 7, 2017

The classification change would be done through the county property Apparaiser or Tax collector' office. Not sure if the exact steps but they should be able to provide you a form or the procedure you need to go through.
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Q: If you build a home in a rural area are there requirements for your water and power sources?

1 Answer | Asked in Land Use & Zoning for Louisiana on
Answered on May 5, 2017

Your permitting department should be able to shed light on this inquiry for you. While the city or parish may not necessarily require that you use a specific source, you will find out if water is provided by the city/parish, or if you need a well and septic tank. Then, if that is the case, you can usually obtain estimates from different providers. As to power, that is usually more limited and again, the permitting/zoning department can usually point you to the right provider. Good luck.
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Q: What does this mean?

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Illinois on
Answered on Apr 30, 2017

This is referred to as a setback line restriction. It involves zoning restrictions that are intended to maintain uniformity in neighborhoods.
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Q: County Planning Administrator is requiring us to meet PROPOSED floodplain codes for a garage.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Apr 28, 2017

Consulting a real estate attorney is likely worth the effort. Planning commissions can have a life of their own (not always in a good way...). The proposed classifications may not be legally binding and/or you may be able to get an special exception for the garage. At minimum, you can have a lawyer review the situation and give an opinion. Many attorneys offer free consultations, but if you want a detailed review you may need to pay a couple hundred dollars. Depending on the challenge, the...
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Q: If you convert an industrial space to a residential one, which environmental laws do you have to comply with?

1 Answer | Asked in Land Use & Zoning for Maine on
Answered on Apr 28, 2017

Generally the environmental laws that apply to the property won't change, but if your use changes then there would likely be ones that are no longer applicable, while there may be others you would need to comply with. The laws will apply based on your actual use. The town's zoning laws will also still apply, and you will need to make sure that the type of residential use you are doing is permitted in that zone.
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Q: I live in a mobile home park and our house *trailer* is almost paid off. So i have an issue.

1 Answer | Asked in Civil Rights, Constitutional Law, Land Use & Zoning and Real Estate Law for Florida on
Answered on Apr 27, 2017

It does appear that you may be singled out. However, there is no way for me to know how or why. Sounds like you already decided that it is best to not ride the motorcycle around unless you get a muffler that will dramatically reduce the sound.
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Q: How much would denied inheritance cost? Where do one even began the research or who shall one contact?

1 Answer | Asked in Estate Planning, Civil Rights, Energy, Oil and Gas and Land Use & Zoning for Louisiana on
Answered on Apr 26, 2017

I would suggest you speak with an attorney as soon as possible. Time delays may apply to limit how far back you can go to collect your father's portion of the royalties. In other words, the longer you wait, the less you may be able to receive in past royalties. As far as cost, attorneys can be creative in how they charge to make their representation affordable to you, including charging a percentage of the recovery, billing hourly, or a combination of the two. Give me a call, and I'll be...
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Q: A country club across from my house relocated their driveway. Car headlights now scan through my house. What can I do?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Apr 26, 2017

It sounds like you may be out of luck. This is a local zoning issue that you have to take up with your locale and it sounds like you have done so. If the hours that the cars were coming in and out of the club were unreasonable maybe there is a private nuisance issue, but that's pretty doubtful. Maybe a decent window treatment isn't such a terrible idea...
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Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Patents for Washington on
Answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.
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Q: If you have had your drive way for 26 yrs only access to land can it be taken away? The Driveway that is?!

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Apr 25, 2017

The short answer is Florida law does not allow a property to be landlocked. You will be able to access your property legally. I suggest that you need to speak with a real estate attorney in your area to discuss the specific details of this case. I suggest that you will be better off to get counsel now before the neighbor sells the land to protect your rights.
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Q: problem house on St. for 10+yrs. tenants,etc. City poor law/code enforcement. can we withhold our property tax $

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Answered on Apr 24, 2017

No, you cannot withhold or escrow your tax payment because of that. If you do not pay taxes in full when due, you can incur penalties and interest. Talk to the local building department and local politicians. Enlist other neighbors to make similar contacts and complain. The more contacts, the more likely to get action. Contact local TV. Perhaps they might do a story to attract attention and get the politicians to take action. If the local codes are not being enforced, use the Find a...
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