Ask a Question

Get free answers to your Land Use & Zoning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Land Use & Zoning Questions & Answers
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...
View More

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
PREMIUM
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Land Use & Zoning for California on
Q: Above ground propane tank is below SDGE electrical lines with easement. Please see details below.

I have a quick legal question and would like your opinion. We live in Fallbrook, CA with big lots and open space but a fire zone. Unfortunately, we need to be on propane tank system. The tank is below SDGE electrical lines. Last November they mailed a letter saying it needs to be moved. I’m fine... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

Under California law, the responsibility for moving the propane tank generally depends on the terms of the easement and the specific circumstances surrounding the installation of the tank and the power lines. Since the tank was originally installed in the 1970s and possibly replaced in 2003, it is... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Gifted land deed not in my name yet and owner to other acres bought land say they own mine to whats my rights
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2024

The owner of the land that you think might be yours later must hire an AL attorney file a Quiet Title and Ejectment action against the adjoining landowner. Time and possession witnesses are critical. Title Searches of both properties are needed, and possibly a survey. You apparently have no... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for New Jersey on
Q: town revoked my fence permit cuase my neighbor thought i was on their property
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2024

You have a boundary dispute. You will need a NJ lawyer to search both titles, and a surveyor on the boundary to serve as your witness, Filing suit is expensive and difficult, but if you wait too long you lose your asserted boundary through acquiescence.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Texas on
Q: Can my neighbor forcefully remove a "No Trespassing" sign posted outside of my apartment building? Landlord was notified

My landlord asked if I would purchase the sign and put it up and he would reimburse me. Of course I have no issue with this and did as he requested. This would be the second sign I have purchased and put up because my neighbor keeps taking it down and there has been no other previous issues with... View More

John Michael Frick
John Michael Frick
answered on Jul 3, 2024

Yes, but that may be considered an act of criminal mischief. There is clearly some sort of dispute between your landlord and your neighbor the details of which you are unaware. I recommend that you avoid becoming too involved.

You should report to your landlord that you did as asked,...
View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Linda Liang
Linda Liang
answered on Jun 19, 2024

The answer to this question depends on whose property this road is to cross. If the property belongs someone else, you have to obtain an easement, right to use, from the owner. If the property belongs to the city, you may want to talk to the city.

View More Answers

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2024

Assuming that there is a publicly dedicated right-of-way, the local government may or may not have a plan to build a road. Or, when the property was subdivided, they might have required the developer to build a road. As indicated, you should check with the county or other local government.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Maryland on
Q: Can an easement on our property to our neighbors house be closed if they have an alternative driveway on their land?

Hi. We have an easement that was set up in the 1960’s that runs through our backyard to our neighbor's house which we believe was the original neighbor's only driveway to their home decades ago, so a necessity for their property. Now the easement acts as a second driveway for them... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 17, 2024

A common issue. A recorded easement may be extinguished by a new recording, executed by all. You may have claims for mis-use or over-burdening, but the recorded instrument grants the rights, whatever it says. The concept of "necessity" is irrelevant to a recorded easement. The neighbor... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
Thomas C. Valkenet
Thomas C. Valkenet
answered on Jun 13, 2024

And does "gave me" include recording a deed? The answer to that question will determine what any lawyer can tell you.

If no deed, simply refuse to accept it.

If a deed, consider selling it. Otherwise, you will need the grantor to join in another instrument renouncing or...
View More

View More Answers

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Maryland on
Q: My sister gave me unimproved lot in Hilo. I never signed anything. Want to give the property back.What do I do?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2024

If you never signed any documents accepting the property, you may not legally own it. However, if your sister transferred the property to you through a deed recorded in public records, you would need to take steps to transfer it back.

To give the property back to your sister, you will need...
View More

View More Answers

1 Answer | Asked in Land Use & Zoning for Puerto Rico on
Q: How can I find out information about land left from a deceased relative?

my great grandfather’s name was Flor Correa and his wife’s name was xx

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

This looks like something for attorneys who deal with estates, wills, and related matters in Puerto Rico. But your question remains open for two weeks. I'm sorry about the loss of your relative. You could either reach out to attorneys or repost under the headings of "Probate" and... View More

1 Answer | Asked in Land Use & Zoning, Probate, Energy, Oil and Gas and Estate Planning for Arizona on
Q: My dads wife hid assets and alot of mineral and oil rights so I can't find them.im rep of estate,only heir, how to find?

My dad and grandpa had alot of mineral rights I am rep of estate, only heir on,y child, his wife lied to judge and said he had no child I proved I am only child, she has

Gifted and illegally sold some if his assets that should of went to me when she passed, can't find estate house,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2024

An Arizona attorney could advise best, but your question remains open for two weeks. It sounds like you have been thrust into a difficult role as rep (do you mean administrator or executor?). Maybe the best thing for you do would be to consult with an attorney who handles wills, trusts, estates.... View More

1 Answer | Asked in Land Use & Zoning for Massachusetts on
Q: I need someone to help me with a land dispute i am disabled and need help

I am seeking a lawyer to help me with a misrepresentation of land that was for sale using the wrong address given for property i purchased which was advertised on zillow. The realtor mislead me to belive i was purchasing land advertised i went through real estate company. I trusted the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 2, 2024

A Massachusetts attorney could advise best, but your question remains open for four weeks. It could be difficult for attorneys here to respond to your request for legal services. The format here is brief Q & A, no soliciting. You would need to reach out to attorneys on your own. You could... View More

1 Answer | Asked in Civil Rights, Land Use & Zoning and Landlord - Tenant for California on
Q: What are our rights regarding habitability and fair housing discrimination?

Health Issues: We have documented PTSD, anxiety, and depression, worsened by our living conditions.Persistent Problems: Ongoing pest infestations, leaks, noise, and unauthorized entries, despite complaints.Retaliation: Management has retaliated against us for raising issues and ignored... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 28, 2024

In California, tenants have significant rights when it comes to habitability and fair housing. Here are some key points relevant to your situation:

Habitability:

- Landlords must maintain rental units in a habitable condition, which includes addressing pest infestations, leaks, and...
View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.