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Land Use & Zoning Questions & Answers
Q: Can I relocate a right of way on my property to another location on the property?
1 Answer
| Asked
in
Land Use & Zoning and Real Estate Law
for
Pennsylvania
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Mark Scoblionko's answer
If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of...
If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of...
Q: I am interested in obtaining a lease on a "land locked" parcel of land (A).
Christie Tournet's answer
I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for access - confirmed in writing -- prior to leasing.
I would not assume that a utility servitude should equate to access and the servitude is likely only in favor or the utility company. Pull the land record granting the servitude to confirm its extent and also attempt to contact the owner of parcel B to see what, if anything, you can work out for access - confirmed in writing -- prior to leasing.
Q: Hello, What are the constraints related to the use of this intellectual property
1 Answer
| Asked
in
Copyright, Intellectual Property and Land Use & Zoning
on
Answered on Sep 17, 2017
Answered on Sep 17, 2017
Griffin Klema's answer
Generally speaking, you cannot use someone else's intellectual property without their consent. There are very few exceptions to that basic rule, such as parody or fair use in copyright. You should seek the advice of an attorney before doing anything that could be construed as copyright violation, because copyright (unlike trademarks and patents) has potential criminal penalties associated with unauthorized duplication.
Good luck!
Griffin Klema
https://klemalaw.com
Generally speaking, you cannot use someone else's intellectual property without their consent. There are very few exceptions to that basic rule, such as parody or fair use in copyright. You should seek the advice of an attorney before doing anything that could be construed as copyright violation, because copyright (unlike trademarks and patents) has potential criminal penalties associated with unauthorized duplication.
Good luck!
Griffin Klema
https://klemalaw.com
Q: My mom has a neighbor that is building a structure on land that belongs to her. How do we stop it?
1 Answer
| Asked
in
Land Use & Zoning and Real Estate Law
for
California
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Amanda M Rokita's answer
An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.
Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure...
An unauthorized trespass on another person’s property is called an encroachment. First, one must confirm that the area of land in dispute is in fact owned by your mother. This can be done by hiring a professional surveyor to survey the land to confirm the property boundaries.
Once it is confirmed that there is an encroachment on the property, I suggest your mother speak to the neighbor and let them know that they are encroaching upon her property and ask them to remove the structure...
Q: My mother passed away 5 years ago and I have been living in the home. The property was left to me, my sister and brother
1 Answer
| Asked
in
Copyright, Land Use & Zoning, Real Estate Law and Probate
for
Alabama
on
Answered on Sep 13, 2017
Answered on Sep 13, 2017
Mr. James Parrish Coleman's answer
You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can make you leave the property. The fact that he pays the taxes on these facts does not mean that he can get the property because he pays property tax. If he means to or not, he is paying property tax on...
You did not say if the will was ever offered for probate. That is a key point. If it has been more than 5 years since your mother's death the will can't be offered for probate, and the estate would be handled as in intestate succession -- as if there was no will. I don't think your brother can make you leave the property. The fact that he pays the taxes on these facts does not mean that he can get the property because he pays property tax. If he means to or not, he is paying property tax on...
Q: Can a land owner tell me what to do if i own the home but not the property it sits on?
1 Answer
| Asked
in
Land Use & Zoning and Real Estate Law
for
Pennsylvania
on
Answered on Sep 12, 2017
Answered on Sep 12, 2017
Peter Munsing's answer
Look at your lot agreement. Many have such restrictions. If you've lost yours ask for a copy.
Look at your lot agreement. Many have such restrictions. If you've lost yours ask for a copy.
Q: Can I still do a Allodial Title in NJ? They will not allow me to do a land patent in this state.
1 Answer
| Asked
in
Land Use & Zoning, Patents and Real Estate Law
for
New Jersey
on
Answered on Sep 11, 2017
Answered on Sep 11, 2017
Peter D. Mlynek's answer
No.
Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.
You will have to continue to pay taxes. Sorry.
(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer. Corrections are welcomed)
No.
Because any land in NJ is subject to the US Constitution, the government has the right of eminent domain.
You will have to continue to pay taxes. Sorry.
(Disclaimer: I do not do real estate law, just patent law, but this seemed like an easy question to answer. Corrections are welcomed)
Q: Can my nabor close off a road to make speed bumps and other road obstacles to impair our ability to drive on said road?
1 Answer
| Asked
in
Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law
for
California
on
Answered on Sep 6, 2017
Answered on Sep 6, 2017
Ali Ebrahimzadeh, Esq.'s answer
Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Has he built this road on his private property? Is the road your only form of accessing your property? Is he in compliance with city laws re: construction of the road? You can access copies of construction permits at the County clerk's office. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/...
Q: Have retaining wall on property line, specifically was told not ours, now neibor says it is. Options? More to story.
Steve McCann's answer
You can obtain a survey of the property, and consult with a real estate attorney to determine the best manner in which to move forward. A real estate attorney can also search public records and attempt to work a deal out with the neighbor, depending on the results of the survey/record search.
You can obtain a survey of the property, and consult with a real estate attorney to determine the best manner in which to move forward. A real estate attorney can also search public records and attempt to work a deal out with the neighbor, depending on the results of the survey/record search.
Q: what are my rights as a sub-leaser who has had property damage from a leak in the building?
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Landlord - Tenant
for
New York
on
Answered on Aug 29, 2017
Answered on Aug 29, 2017
Q: My neighbor wants to build a 2nd inward facing fence(behind chainlink) on her property. Does this affect mne in any way?
Andy Wayne Williamson's answer
No way to give a opinion or value change via this online forum.
Some communities and counties require that the smooth side of a fence face the niehhbor.
You may want to check to see if your area has fence codes.
Also I've see no reason for you to sign anything if the neighbor is erecting a fence within the boundary of their property other than the above.
Good luck.
No way to give a opinion or value change via this online forum.
Some communities and counties require that the smooth side of a fence face the niehhbor.
You may want to check to see if your area has fence codes.
Also I've see no reason for you to sign anything if the neighbor is erecting a fence within the boundary of their property other than the above.
Good luck.
Q: We have a RLT in California. Can we transfer our Oklahoma land to it Preliminary change of ownership and grant deed ?
Richard Winblad's answer
This is really simple. Just need the owners names, trustee names, name of the trust and date of creation, legal description and filing fees. Really inexpensive to have an Oklahoma compliant deed created by an attorney.
This is really simple. Just need the owners names, trustee names, name of the trust and date of creation, legal description and filing fees. Really inexpensive to have an Oklahoma compliant deed created by an attorney.
Q: How many years does it take for a deed restriction/covenant in Florida to expire & no longer apply to a property?
Andy Wayne Williamson's answer
30 Years via the marketable record title act. However. I strongly suggest that you consult with an experienced real estate attorney before you start making in plans in contravention of the restriction in your deed.
30 Years via the marketable record title act. However. I strongly suggest that you consult with an experienced real estate attorney before you start making in plans in contravention of the restriction in your deed.
Q: What real legal authority does an HOA have over what I do or put up in my fenced backyard
Jonathan A. Klurfeld's answer
There are governing documents and rules the association set that are recorded with the county. You need to get a copy of them and read them or have a lawyer read them and give an opinion what you cannot do. IF the docs say no pools then sorry you cannot put one up as you agreed to the restrictions when buying there (and your attorney at closing would have told you that but I assume none was hired)
There are governing documents and rules the association set that are recorded with the county. You need to get a copy of them and read them or have a lawyer read them and give an opinion what you cannot do. IF the docs say no pools then sorry you cannot put one up as you agreed to the restrictions when buying there (and your attorney at closing would have told you that but I assume none was hired)
Q: Is it legal to sleep on my own flat roof? To hang out up there and enjoy the sunset in a lawn chair?
2 Answers
| Asked
in
Real Estate Law, Land Use & Zoning and Municipal Law
for
California
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Gerald Barry Dorfman's answer
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
To get a definitive opinion, you will probably have to pay an attorney to research this for you. If you want to take a shot at it yourself, check the Marin County Code and any Fairfax ordinances. However, as with most neighbor disputes, you should try to come to some agreement. Try speaking with them, but if that doesn't work there are other resources, including mediation, available.
Q: We own a house and the water company digged up our driveway without warning, we can't even park in it. what can we do?
1 Answer
| Asked
in
Real Estate Law, Construction Law and Land Use & Zoning
for
Illinois
on
Answered on Aug 16, 2017
Answered on Aug 16, 2017
Ray Choudhry's answer
Usually the cities provide the water.
Is it a private water company.
There are rules as to what can be done if the water lines have a problem.
If it is the city, check with them as to what they plan to do.
Usually the cities provide the water.
Is it a private water company.
There are rules as to what can be done if the water lines have a problem.
If it is the city, check with them as to what they plan to do.
Q: Are some properties zoned for both commercial and residential use or do you usually need to apply for one or the other?
Elliott R. Teel Esq's answer
Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
Zoning is based on the location. Some zones will allow for both commercial and residential, but the types of commercial uses may be limited. You need to check with the town's land use code and zoning map to determine the relevant zone and what uses are permitted.
Q: I paid for an extension on my sons house because he advised me it would be better than living by myself (over 70K)
2 Answers
| Asked
in
Civil Rights, Consumer Law, Land Use & Zoning and Real Estate Law
for
New York
on
Answered on Aug 15, 2017
Answered on Aug 15, 2017
Derek John Soltis' answer
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
I am sorry to hear about your situation. You do have options. You should consult with an attorney to devise a strategy. Talk with an attorney to go over all of your options. Getting advice in a public forum is not really appropriate for your situation
Q: The lease I signed says lease is up on 1-30-2018.but next to it the lease say this lease is for 24 months
Joseph Jaap's answer
Try to resolve it with the landlord to determine the lease expiration date. If you and landlord cannot agree, contact a local attorney using the Find a Lawyer tab, and you can also ask about the failure to advise you of the murder.
Try to resolve it with the landlord to determine the lease expiration date. If you and landlord cannot agree, contact a local attorney using the Find a Lawyer tab, and you can also ask about the failure to advise you of the murder.
Q: Can a new apt. landlord demand 4 months back rent for "breaking a lease" that was month to month?
1 Answer
| Asked
in
Land Use & Zoning and Landlord - Tenant
for
New Jersey
on
Answered on Aug 11, 2017
Answered on Aug 11, 2017
Marcel Wurms' answer
If you had a written lease with your old landlord, check the terms of that lease to see what the notice requirements were. The terms of an expired lease which has converted to a month to month still remain in effect, other than the lease term. Both you and the new owner are bound by that.
Absent that, you are correct that a 30 day notice that you are attempting to leave is sufficient. There's really nothing you can do unless they actually sue you, unless you didn't get your security...
If you had a written lease with your old landlord, check the terms of that lease to see what the notice requirements were. The terms of an expired lease which has converted to a month to month still remain in effect, other than the lease term. Both you and the new owner are bound by that.
Absent that, you are correct that a 30 day notice that you are attempting to leave is sufficient. There's really nothing you can do unless they actually sue you, unless you didn't get your security...
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