Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: Is the a law that requires California motels to change bedding, furniture,drapes and linens periodical?Where can I rev

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Consumer Law and Business Law for California on
Answered on Jul 25, 2017

There are several related statutes regulating the hotel/ motel industry in CA. See: https://www.calodging.com/resources/

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/ 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: Previous homeowner put driveway over the property line. Does new homeowner have any remedies to keep?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Answered on Jul 21, 2017

Why not offer to buy it from Madison County.
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Q: 15 years later can a neighbor ask for 1.3 feet of property back that my fence has been on. Can we use adverse poss?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jul 21, 2017

Sorry, but your question is too complicated to answer in this limited format without extensive addition information. Adverse possession requires 20 years, but in some situations, one can acquire a "defensive" title after only seven years. The actions of the previous owners are very important, and those could determine the outcome of the whole dispute. It seems unlikely that this one foot warrants the time and expense of a lawsuit, and its even less likely that a Judge would require the fence to...
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Q: Entergy cut down 2 of my trees on my property without my consent. Should they have obtained my consent prior to cutting?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Answered on Jul 18, 2017

Normally, yes. Funny to see this question pop up, as Investigative Journalist, Lee Zurik, just did a piece on a Parish Government doing something similar (Plaquemines, I believe). Caveats come into play, if there is a prior servitude in Entergy's favor, if a survey actually designates the tree as outside of your property line, or if there was local government involvement and there was some dire, "public need" for removal. But, in that last scenario, the local government should 1) hopefully,...
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Q: How do you evict someone from an assisted living house?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Jul 17, 2017

Barring special issues for an health related concerns, you should be able to use the standard eviction process. If you have a lease agreement, refer to this. If you don't or the lease does not cover all aspects of the eviction, the default rules listed the Colorado Statutes apply.

If you need specific advice or oversight with the eviction process you will need to contact (and likely hire) an attorney.
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Q: Does a landlord need to remove the second kitchen when combining two apartments as is done in New York?

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Massachusetts on
Answered on Jul 14, 2017

It depends on your local zoning and building rules. 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/ 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 Defense, Divorce & Child Custody, and...
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Q: My neighbor is selling his home with several building code violations that affect my property.How can I remedy b4 sale?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Civil Rights for California on
Answered on Jul 12, 2017

You can report such violations to the city, and you might be able to sue as well for trespass and related wrongs. 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/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law:...
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Q: Step mother fails to probate will within 4 years as required in Texas. Was to settle estate now. Wants to use date of

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Texas on
Answered on Jul 11, 2017

It isn't as simple as determining what the value of real property is as a person may have claims for reimbursement, depends on who has rights to property and what type of rights those are, i.e. right of survivorship, life estate, etc. Texas heirship can be difficult to understand in cases where there are children from a previous marriage. It may be necessary to file for a determination of heirship and administration of the estate. A will can be admitted to probate after 4 years under certain...
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Q: Working from home with DBA when lease is residential only okay?

1 Answer | Asked in Business Formation, Contracts, Land Use & Zoning and Landlord - Tenant for Florida on
Answered on Jul 10, 2017

In order to properly answer your questions, I would have to read your lease, know where you live and research the zoning, deed, HOA/COA and perhaps other restrictions on the use of your property. Registering for a DBA is not relevant to the applicable restrictions, if any, upon commercial use of residential property. Your lease may say that you cannot violate applicable laws, regulations or rules. There may be restrictions on the commercial use of your property. If so, you could be in...
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Q: Do I have a case against West Penn Power?

1 Answer | Asked in Consumer Law, Products Liability, Energy, Oil and Gas and Land Use & Zoning for Pennsylvania on
Answered on Jul 7, 2017

If fortunately nothing happened, and they have put it right no. You can only make a claim for what happened, not what could have happened.
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Q: In 2008, I bought a lot with a retaining wall built into an easement. That wall is failing. Can I fix / replace it?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Oregon on
Answered on Jul 5, 2017

You posted this question to Oregon Lawyers as in the State of Oregon. Try posting it again so it gets sent to lawyers in Wisconsin. Also, speaking generally as a lawyer (in Oregon), it sounds like the type of problem you really need to discuss face to face with a lawyer in an office. Justia is only meant for getting general advice to help look at problems from a legal perspective. It is not really meant to give you a definitive piece of legal advice in your particular situation. Lawyers...
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Q: How do I acquire property where the owner is unknown and it has been vacant for at least 10 years or more?

3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Answered on Jun 28, 2017

Please know that in Michigan an action for adverse possession requires 15 years.

To prevail there must be actual, visible, open, notorious, exclusive, hostile, continuous, and uninterrupted use of the property by the person filing for the right to possess the property. Just because the property is "abandoned," someone must be paying property taxes to keep it from tax foreclosure. My suggestion is that you go to the property tax department and see whose name is on the tax bill, then...
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Q: A sex offender has easement on my property where my small children play is there anything I can Do?

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

Other than for you to carefully watch your children, probably not.
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Q: How many days does a land lord need to evict for none payment utah

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Landlord - Tenant for Utah on
Answered on Jun 22, 2017

A landlord can serve a 3 day notice to pay or quit the day after the payment is due. If the tenant pays, they get to stay. If they don't then the landlord can start the eviction process.

I hope this helps.

Wes
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Q: Can a trustee be replaced with a conservator because trustee is incompetent (82 yrs old/unhealthy/nearly deaf)? Case?

1 Answer | Asked in Estate Planning, Appeals / Appellate Law, Juvenile Law and Land Use & Zoning for Alabama on
Answered on Jun 15, 2017

If a Trustee serving under a trust agreement becomes incapable of serving in his or her role, a beneficiary can petition a court to remove that Trustee and replace them with a successor Trustee pursuant to the terms of the document. If the document has no provisions for a successor or if, for example, all of the successors are deceased, then a court would choose a successor Trustee (which can be a person or entity nominated by a beneficiary). A conservator for the incapacitated Trustee could...
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Q: Do i have to pay my landlords stay in out property we rent? And doni have to pay for his goats water bill?

2 Answers | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Answered on Jun 10, 2017

Here are some useful links for you:

CA Tenant Rights: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

CA Evictions: http://www.dca.ca.gov/publications/landlordbook/evictions.shtml

Security Deposit issues: http://www.courts.ca.gov/1049.htm

Repairs and Maintenance: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Habitability Complaints: http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml

Co-Tenant/ Roommate...
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Q: I gave permission for company to pull logs out on my property they left a load of wood behind six months ago. Is it mine

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

You can make that claim but best to write them a letter confirming or call, if they say yes confirm it in writing (you, of course, keep a copy).
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Q: what does it mean when the city is going to Abate your property?

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

In a general sense, abatement means that something is reduced or waived. If there is a tax abatement by the city it should mean that the property tax is reduced. Abatements can also apply to nuisance issues (i.e. a property owner needs to quite-down). Abatement is sometimes used by some cities in relation to zoning restrictions (aka special use exceptions). As you can see, abatement can mean a lot of things. I you have questions contact the city and/or review any communications you have...
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Q: Im thinking of starting a private autocross car club on a private farm in Long Islnd. what zoning rules must i adhere to

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for New York on
Answered on Jun 8, 2017

It's a special use, local AND state rules will apply.
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Q: How can we acquire a strip of yard from our neighbor?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Answered on Jun 8, 2017

If there is an easement, that would help. Or you can offer to buy an easement. 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 Defense, Divorce & Child...
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