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Land Use & Zoning Questions & Answers
Q: My grandma passed and left alot of land to my mother, brother, sister and I.
2 Answers
| Asked
in
Land Use & Zoning, Real Estate Law, Estate Planning and Family Law
for
Tennessee
on
Answered on Feb 15, 2019
Answered on Feb 15, 2019
Anthony Marvin Avery's answer
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
Q: What motion can I file at this point? Originally my mom was being sued by a tenant in common.
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Thomas A. Grossman's answer
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
There is not enough information in your request for me to give you a decent answer to your question. I don't know what Court you are in, or in which County the case is pending; I don't know who the "tenant-in-common" is that you refer to. Is it your mother or someone else? And why is the plaintiff not in jail if someone murdered your father after being induced by the plaintiff to take a new job? Is there a criminal investigation going on? Where is the property located? Whose names are on...
Q: How in the world do I get a 1991 map in order to prove I own land? I own a large piece of land ..
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law and Gov & Administrative Law
for
Virginia
on
Answered on Feb 11, 2019
Answered on Feb 11, 2019
Q: I rent a room in my landlords home. I installed a locking doorknob when I moved in and I have the only key.
1 Answer
| Asked
in
Land Use & Zoning, Landlord - Tenant and Real Estate Law
for
California
on
Answered on Feb 9, 2019
Answered on Feb 9, 2019
Thomas A. Grossman's answer
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Since you pay rent to share two rooms in the landlord's house, you are on a month to month tenancy. If your landlord wants to evict you, he would have to give you 30 day's notice. A Lodger is more like being a Hotel Guest, where you pay for a certain number of days, and when those days are up you can stay or go. In busy resort areas, you may have to leave on your last day if the Hotel is booked up.
Q: Does a utility company need an easement for a utility pole anchor wire that prevents access to my carport?
Donald C Eby's answer
Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.
If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action and likelihood of success.
Can the utility maintain its wires on property that it does not own or have an easement to utilize? No - this is called trespass.
If you don't find a recorded easement you may want to consult with an attorney to review the facts and land records and advice you on a course of action and likelihood of success.
Q: Can I buy unused property behind my home?
Ray Choudhry's answer
Talk to an experienced real estate attorney.
You may have the right to go to court and have the land declared as belonging to your property.
If not, the State of Illinois will be happy to sell it to you.
Talk to an experienced real estate attorney.
You may have the right to go to court and have the land declared as belonging to your property.
If not, the State of Illinois will be happy to sell it to you.
Q: Can someone commit a scam of selling you property?
1 Answer
| Asked
in
Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law
for
New Jersey
on
Answered on Feb 1, 2019
Answered on Feb 1, 2019
H. Scott Aalsberg Esq.'s answer
Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.
Yes, scams happen all the time. I suggest you have your son set up a consultation with a lawyer as you have many questions here and obviously this will take some time and more information would be needed to answer these questions. Expect to pay that attorney for his time and advice.
Q: Do we have enough information and assurance to close tomorrow? Or should we push the close and request more info?
Steve McCann's answer
It is not in your best interest to assume re-zoning will be "easy to do." In fact, they usually aren't very easy at all, and can end up costing a tremendous amount of money. That being the case, I certainly would not close until you have more details and costs surrounding the re-zoning. I recommend consulting with other attorneys to get more clarity on the matter, as it is a fact specific determination that cannot possibly be answered comprehensively with the limited facts provided.
It is not in your best interest to assume re-zoning will be "easy to do." In fact, they usually aren't very easy at all, and can end up costing a tremendous amount of money. That being the case, I certainly would not close until you have more details and costs surrounding the re-zoning. I recommend consulting with other attorneys to get more clarity on the matter, as it is a fact specific determination that cannot possibly be answered comprehensively with the limited facts provided.
Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?
Doak Willis' answer
No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.
No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.
Q: I have an easement and I am landlocked (washed out access) and can't find the owner. He moved out of state what can I do
Anthony Marvin Avery's answer
Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.
Apparently you have the Dominant Estate and enjoy an Easement over the Servient Estate. Try to find who the responsible taxpayer is from the Tax Assessor and his address. You probably can rebuild the right of way, but do no expand it beyond what you already had or what an appurtenant Easement clause says in his Deed. The Servient Esatate usually does not have a duty to restore a destroyed right of way, but it is better to get an agreement about how to restore the path of ingress/egress.
Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB
1 Answer
| Asked
in
Animal / Dog Law, Land Use & Zoning and Personal Injury
for
Florida
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Charles M. Baron's answer
If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally proper inquiry to verify the dog's status. There is plenty of material on-line on what constitutes a legally proper inquiry, but if you have trouble finding that out, set an appointment with an attorney...
If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally proper inquiry to verify the dog's status. There is plenty of material on-line on what constitutes a legally proper inquiry, but if you have trouble finding that out, set an appointment with an attorney...
Q: Can you please explain this to me. So if I know where an abandoned house is. Do I need to file paper work and
1 Answer
| Asked
in
Land Use & Zoning, Real Estate Law, Foreclosure and Entertainment / Sports
for
Alabama
on
Answered on Jan 19, 2019
Answered on Jan 19, 2019
Kevin M Ryan's answer
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Just because the house appears to be "abandoned" does not mean that there is not a legal owner. It may be owned by a bank, and in the process of foreclosure, probate or bankruptcy. You would need to contact the owner or the owner's legal representative in order to make an offer to purchase the property. You should not move forward on this type of transaction without any attorney.
Q: Can heirs of an original owner claim a portion of land which was reserved from a deed conveying the balance of the land?
Richard Sternberg's answer
Of course, the heirs can claim title. In most circumstances, I would then reiterate the teachings of a professor of mine from Penn, and I'd say that any idiot can make a claim if they have a pen, paper, and the filing fee. Usually, prospective clients want to know if they can win, and can be a different question. In this case, however, making the claim may be quite effective, particularly if the objective is to ensure that the respect due to a family gravesite is protected. The chances of being...
Of course, the heirs can claim title. In most circumstances, I would then reiterate the teachings of a professor of mine from Penn, and I'd say that any idiot can make a claim if they have a pen, paper, and the filing fee. Usually, prospective clients want to know if they can win, and can be a different question. In this case, however, making the claim may be quite effective, particularly if the objective is to ensure that the respect due to a family gravesite is protected. The chances of being...
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom
1 Answer
| Asked
in
Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law
for
Illinois
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Steve McCann's answer
You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.
In any event, I recommend organizing everything in your possession relevant to this matter, including your lease, and consulting with an attorney individually. Many of us offer free consultations, and after a thorough review of the facts can advise as to the best course of...
You are likely entitled to a remedy, but the best course of action is dependent on specific facts that are not provided here, such as the location of the apartment, and whether or not it is subject to the RLTO.
In any event, I recommend organizing everything in your possession relevant to this matter, including your lease, and consulting with an attorney individually. Many of us offer free consultations, and after a thorough review of the facts can advise as to the best course of...
Q: are electricity bill is $629.00 and our house is still freezing and the land Lord is a jerk no ceiling in the bathroom
1 Answer
| Asked
in
Civil Rights, Construction Law, Land Use & Zoning and Real Estate Law
for
Indiana
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Alexander Florian Steciuch's answer
It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...
It does not sound like your heating works. Either that or your house is uninhabitable. Landlords have a duty to provide you with a safe and habitable living space. Notify your landlord, in writing (keep a copy for yourself), via certified mail of all the issues with the house and inform your landlord that the issues need to be resolved in a timely manner. If your landlord refuses to fix the issues, it may be said that you have been constructively evicted, which can be a basis upon which a...
Q: A truck was abandoned on my property, can I put a mechanics lien on it?
1 Answer
| Asked
in
Real Estate Law, Civil Litigation and Land Use & Zoning
for
California
on
Answered on Jan 14, 2019
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
You can report this to the police, who may in turn have it cited and towed. 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.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
You can report this to the police, who may in turn have it cited and towed. 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.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense,...
Q: Can the Power company refuse to provide Power to our house under construction if we do not sign an Easement.
Terrence H Thorgaard's answer
Yes, the power company can refuse to supply power if it doesn't have an appropriate easement.
Yes, the power company can refuse to supply power if it doesn't have an appropriate easement.
Q: I own land that's protected by the government. What can or can't I do with it?
Charles M. Baron's answer
That depends on a host of factors, including the applicable zoning code, environmental regulations, and whether the local government is treating you equally to those with a similar type of land. The first step is to ask your local Planning & Zoning officials. If you don't like their answer, consult an attorney.
That depends on a host of factors, including the applicable zoning code, environmental regulations, and whether the local government is treating you equally to those with a similar type of land. The first step is to ask your local Planning & Zoning officials. If you don't like their answer, consult an attorney.
Q: I have a creek on my property, approximately 3-5ft deep, and I want to dig out a watering hole for livestock. Can I ?
1 Answer
| Asked
in
Environmental, Land Use & Zoning and Real Estate Law
for
Tennessee
on
Answered on Jan 1, 2019
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...
Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...
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