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Land Use & Zoning Questions & Answers

1 Answer | Asked in Land Use & Zoning and Construction Law for Texas on

Q: When a company is hired to build something attached to a house, who is responsible for pulling the building permit?

We had a company build a patio cover on our existing slab. They never pulled a building permit or mentioned it to us and are now not willing to do anything about the fact that the slab did not meet building thickness nor is our yard even zoned for this kind of construction. They are saying it was... Read more »

Tammy Lyn Wincott answered on Jun 12, 2019

It should have been stated in the agreement for services; otherwise, the homeowner is responsible unless it requires a licensed contractor. Please copy and past the link below for more information.

1 Answer | Asked in Divorce, Land Use & Zoning and Real Estate Law for Oregon on

Q: I live in Oregon in my divorce I got the house my ex still has not taken his name off the house .

The county wont allow me to take his name off the homeowner tax stuff. My ex refuses to take his name off. Can I use him to get his name off or do I have to suffer until the house is paid off?

Joanne Reisman answered on Jun 8, 2019

You should have made sure that the divorce decree awarding you the house contained the legal description of the house you were awarded. Then you only need to take a certified copy of the divorce decree awarding you the house to who ever you need to make changes. So if your decree doesn't contain... Read more »

2 Answers | Asked in Contracts, Business Law, Land Use & Zoning and Landlord - Tenant for California on

Q: I live in a mobile home park. There is a stream that runs under my mobile home. A walk bridge is build directly behind

my Mobile home. I pay rent on space. The bridge is rotten and needs repairs. Am I wrong thinking the park owners are responsible for repair?

Manuel Alzamora Juarez answered on Jun 6, 2019

No. Your park owner has the responsibility of maintaining his property.

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1 Answer | Asked in Consumer Law and Land Use & Zoning for Kansas on

Q: Can a business block my way into my garage?

I've been driving across a vacant city lot for 30 years, a business came in and built their building going 10 feet into the easement of the alley. There was no notice when they were going to build this building and block my access into my garage. I am disabled and the situation of not being able to... Read more »

Scott C. Stockwell answered on Jun 4, 2019

Your statement seems to indicate the following: You have a garage that opens into an alleyway. A business built a bulding that extends into the alleyway that blocks access to your access. Your access has previously included access through a vacant city lot for 30 years. It is a little unclear as... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Oregon on

Q: My landlord said his RV he's renting me is illegal. I believe laws are being broken with illegal thing, power sewer&more

The RV septic connected to the other RV septic that connects to the main house. It fills up and sewer runs under the RV below. I never see a power meter man come read my meter and he chooses to charge me anything over 50 bucks used. How does he know how much I should pay just by looking at my... Read more »

Gregory L Abbott answered on May 31, 2019

You may well have claims against your landlord but you will need to review it all with a local landlord-tenant attorney to know for sure and exactly what. The obvious solution, however, is for you to simply move - something you are likely going to have to do before long anyway if your set up truly... Read more »

1 Answer | Asked in Land Use & Zoning for Missouri on

Q: Can you run a car was business in a residential area the person seem to have a business license but in a residential are

Ronald J. Eisenberg answered on May 24, 2019

Depends on the zoning requirements in the residential area. Probably not, however.

1 Answer | Asked in Constitutional Law, Land Use & Zoning and Real Estate Law for Tennessee on

Q: If I am renting a house to own from a individual and bank forecloses on it what rights do I have?

Having minor children. And doing all repairs myself

Anthony M. Avery answered on May 23, 2019

The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Oklahoma on

Q: My house has two driveways. The original driveway and the one my grandparents had added on.

The city is now trying to ticket me sayi by the original driveway is an alley? It doesn't even go thru and is on our property is that legal?

Doak Willis answered on May 18, 2019

You must check the land records to insure that the driveway the City is claiming to be an alley is indeed an alley or a part of your property. Obviously, if the driveway was built on property owned by the City and deemed an alley, the City may then enforce their rights concerning the use of that... Read more »

1 Answer | Asked in Consumer Law, Land Use & Zoning, Landlord - Tenant and Small Claims for Florida on

Q: Can my landlord put me out that’s because I asked him to fix repairs

Charles M. Baron answered on May 17, 2019

That is not a legal reason to evict. The landlord's rights to terminate your tenancy are based on the terms of your written lease. If you happen to have a month-to-month tenancy based just on a verbal agreement, he may terminate the tenancy anytime he feels like it (and doesn't need any reason),... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: I have recently bought a piece of land in ferdendina beach ( Old nassuaville road ) it is an open rural plot of land .

I planned on building a 3 bay detached garage first to allow me to store furnishings from my house in jacksonville cost savings there will be a fair amount if I can do this , I am being told I cannot do that the house needs to be built first . the first question I asked after being told that was... Read more »

Terrence H Thorgaard answered on May 17, 2019

Depending on the local zoning code, a stand-alone garage may not be a permitted use. See about getting a building permit for the house and garage, and simply build the garage as the first phase of the plan. The permit might require you to complete the entire project (house and garage) within a... Read more »

1 Answer | Asked in Land Use & Zoning for Ohio on

Q: Is there any way that my neighbor can be held responsible for his sump pump draining in my yard causing it to flood?

His sump pump is pushing water from his property onto my property and is causing flooding by the entry way to my backyard. This is also causing an inconvenience when i go out to cut my grass, causing my lawn mower to get stuck in the mud. He is aware of the issue and stated over a year ago that he... Read more »

Joseph Jaap answered on May 14, 2019

Yes, there is a way -- he can be held responsible by suing him. He is causing damage to your property. Use the Find a Lawyer tab to retain a local real estate attorney who can review the facts and advise you of your options, and communicate with the neighbor on your behalf that any further delay... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Utah on

Q: My dad's landlord has been collecting rent from my dad and today we found out due to code enforcement that we have 10

Days to move cuz it is city property. Not our landlords. He refuses to refund any money or help with moving costs. We signed a lease and everything. What are our rights?

Kenneth Prigmore answered on May 8, 2019

Since 10 days have already passed, I assume you are already out of the property, unless you retained an attorney that was able to help you work something out with the city. In regards to paying rent and getting a refund from the landlord, any rent paid in advance for days you aren't allowed to live... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Nevada on

Q: We have $ to pay the amount owed. Auction isn’t until tomorrow. Treasure won’t allow us to pay it.

Bruce Alexander Minnick answered on May 7, 2019

Be sure to be at the auction and prepared to bid, the lowest of which will include all the costs of staging the auction, which is why they will not just take the lesser amount you owed before it went under.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on

Q: I'm in Virginia neighbor removed our survey states corner pi

Neighbor also has fence 14-18 ft on our property looking for virginia code that is survey stakes ann corner pins

Anthony M. Avery answered on May 3, 2019

You have a boundary line dispute. The longer you wait to file suit is the longer you acquiesce to the other's asserted boundary. Hire a competent attorney now to perform two title searches, possibly a surveyor or the boundary line only, and file and serve the suit. You will lose because of time... Read more »

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Arizona on

Q: My fiance and I are trying to assume her parents property in AZ. We live in WA and not sure how the process would work.

We dont want to go through an agent. Just wanna refinance their current mortgage to have our names on it.

Peter H. Westby answered on May 2, 2019

You have described what amounts to a purchase of a home. A purchase contract is needed and I recommend that an escrow be opened with a local title company to handle the transfer. Then you would apply for a new loan to pay off the existing financing on this property. Your lender will also want... Read more »

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1 Answer | Asked in Land Use & Zoning for Ohio on

Q: Bought a home in 2001, has a farm right of way through the property

Farmer rents the farm land, hasn't used the right of way since 2011, what is the time frame in Ohio to consider the right of way abandonment by Ohio law. The right of way is at a dangerous entry and exit to a state highway. We had to call the sheriff in 2010 pertaining to the farmer trespassing off... Read more »

Joseph Jaap answered on May 1, 2019

A claim of adverse possession requires 21 years, so it has not been enough time since 2011. Use the Find a Lawyer tab to retain a local real estate attorney to review the real estate records for easements and to review the other facts, and advise you of your options.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Georgia on

Q: I purchased a property that wasn’t on a condem list now they won’t to condemn it do I have the right to repair

Bruce Alexander Minnick answered on Apr 30, 2019

If you want to keep the property you had better contact the condemning authority and find out what you will have to do to bring the property back up to code, or whatever.

1 Answer | Asked in Land Use & Zoning and Environmental for Ohio on

Q: Does the grandfather clause overrule protection of species afforded by the endangered species act?

The land was owned by the family before the ESA was passed but an endangered species resides on the land. The family now wants to develop the land but development would be detrimental to the species. The ESA would normally protect species on private land, but would this protection still be able to... Read more »

Joseph Jaap answered on Apr 24, 2019

The answer would require significant legal research into federal and state law and regulations, and conversations with various government agencies, and permits for any development which might require impact studies. Use the Find a Lawyer tab to retain an attorney who practices environmental law.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on

Q: I bough a land on 2017 and now they said half of the land I bough isn't mine, what do I need to do on this?

Vincent Gallo answered on Apr 23, 2019

It would be wise to file a claim under your title insurance policy.

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: I live in Pueblo County and have land that is directly west of me and has been purchased and surveyed by the buyer.

He states my fence line is on his property. The fence has been in place for over 18 years and would fall under Article 41 of Colorado Revised Statutes 2016 TITLE 38. It would seem to me that the property in question would be mine under adverse possession. What would I need to do to prove this?

Donald C Eby answered on Apr 23, 2019

You should contact an attorney to discuss bringing a Quiet Title Claim based on Adverse Possession.

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