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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Wisconsin on
Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?

Thomas B. Burton
Thomas B. Burton answered on Dec 12, 2019

Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they listed... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I bought land from someone who never filed easement.

I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in

Chancery Court to have an Easement Declared (which will be...
Read more »

1 Answer | Asked in Land Use & Zoning for Colorado on
Q: How much per day can I charge for storing a tractor trailer on my Private property.
Donald C Eby
Donald C Eby answered on Dec 9, 2019

There is no legal limit.

1 Answer | Asked in Estate Planning, Land Use & Zoning and Probate for Alabama on
Q: Grandma passed away no will. Just put in my father and my aunts name. My father passes and my siblings and I inherit his

House in grandmas name still. My aunt wants in her name and claims we still will inherit after she passes. But by us signing over we are giving up any right,right?

I dont believe her and she says its Alabama law no matter what?

Nina Whitehurst
Nina Whitehurst answered on Dec 6, 2019

If you put the house in your aunt's name, then she can sell it to whomever she wants or leave it to whomever she wants in her will. If you are OK with that, then go ahead and do it. If you are not OK with that, then both your grandma's estate and your father's estate need to be probated to get... Read more »

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: We want to buy some property but on the power lines at the side of the property it has a sign that says wetland 29

What does this mean?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

I do not know what "29" is, but wetland means you can do nothing with a generally defined area of the property. It sounds like TVA has run their easement very carefully. You may not wish to buy t he property. Or you might hire a competent attorney to conduct a title search, and possibly hire... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought some land from someone cash money and now I can't sell ?

I bought land from an individual last year, I paid cash money & she ensured me that she could type of the deed. Me not really knowing the importance of the lawyer(but I do now !!) I said ok & she did so. I went to courthouse & filed it. 6 months later I decided to sell through a Realty company, Its... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

You have not identified what your problems are. But I suspect access to the property and derivation of title will be definitely part of your title problems. This was not something to do without a lawyer. Even if you are able to sue for breach of warranties, it is doubtful it will actually help.... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Ohio on
Q: I've lived 18years on the property owner being aware I paid for water tap and built addition can I claim adverse posse

The deed was signed over to another family member for tax purposes my significant other recently passed and the land was actually his only he kept it in someone else's name because his disability now his daughter is trying to evict me and our children . Two weeks after he passed . And the trailer I... Read more »

Taylor P Waters
Taylor P Waters answered on Dec 5, 2019

If the property was deeded to someone else, that other person owns the property. Adverse possession only applies if they don't consent to your occupancy of the property for 21 years. Here, they did consent for a time and the time they have not consented is not 21 years. You may consider asking if... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on
Q: I am a performer, and I am able to set up a space in my home and sell tickets for shows that I write and perform?

I have a room in my house that I would like to turn into a parlor for small performances of 10 to 20 people to do an hour long mentalism show. We would like to do the show, offer canned sodas, sealed snacks, and popcorn to the guests. It would be in the form of a small house party and would take... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Dec 4, 2019

You need to check your local zoning code.

1 Answer | Asked in Real Estate Law, Animal / Dog Law and Land Use & Zoning for Virginia on
Q: Can I challenge the legality of Va. Code 18.2-136 "Right to Retrieve" in appellate court?

Owners of hunting dogs can access private property with or with out permission of the owner at any time. In fact, by code, a property owner can't deny access to private land under any circumstance.

I think the General Assembly has this wrong. How can I challenge this in court. Seems like... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 26, 2019

One thing I love about law practice is that I keep learning new things 35 years after I started practice and about 29 years after I became a Virginia lawyer. Interesting Code section. A trip to a real library rather than the Internet version would get the history of the statute first enacted before... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: I have a property in Dayton city limits. It is between Springfield and 3rd. Can I put a trailer on property?

I want to know if I can place a trailer on my property. It used to have a house there so it has gas and water and sewage hook ups. I’m not sure of the zoning but I would like to make this property into an asset instead of currently it being a burden.

Joseph Jaap
Joseph Jaap answered on Nov 26, 2019

Check with your local building and zoning department to determine permissible structures and uses.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Nebraska on
Q: If the tenant of a large property allows hunting and gets paid to do so, is that considered subletting?
Julie Fowler
Julie Fowler answered on Nov 25, 2019

Allowing a person to profit off land is usually not the same legal term as a sublet. For example, a legal "profit" off the land could be allowing someone to remove timber, minerals, or wild game off the land. It is more like an easement than a sublet.

1 Answer | Asked in Land Use & Zoning for Mississippi on
Q: Can george county Mississippi be held liable for erosion of my private property

I constantly struggle with my driveway washing out because of the poorly designed county road the water comes off the road goes straight down my drive washing it out every good rain in tired of spending my money they have no ditches or drainage in place can I hold them legally responsible for the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 22, 2019

Probably not. It does not appear to be an action in which you'd want to invest time and money. If the county road does not have features that suggest negligence in its design or construction, it would appear that there really wouldn't be a strong case there. A county road is not going to be held to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Kentucky on
Q: My husband and I recently relocated to London Kentucky, we bought some property, one the deed.

Our deed and pictures showed 3.7 acres, with a creek and a waterfall. Well we had our property survided so that we could put a fence up. Well we just got our report and it only was surveyed at 2.4 acres. We feel we were misrepresented. Do we have any legal rights?

Timothy Denison
Timothy Denison answered on Nov 22, 2019

Possibly. Depends on the contract for sale and description and other documents. You may have an actionable fraud claim against the sellers.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Does restricted use of private property fall under the Fifth Amendment protection?

The Rookery Bay Aquatic Preserve acted in 1978 to restrict certain homes on Marco Island from having a dock more than 160 square feet. These homes are a very small percentage of the total number of homes on Marco and almost every home on Marco has a dock and a boat. The restriction placed on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 21, 2019

It looks to be more an equal protection issue than a 5th Amendment "Taking Clause" issue (and the comparable provisions of the Florida Constitution). Depending upon how much the regulation affects land values, it might be cost-effective to pursue.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: I live in a school zone, directly across from a primary school. It is becoming a problem with people parking in my

Driveway. It’s fine if they are there 3-5 minutes, but I have a consistent woman who parks, leaves her car running and blocks the entire driveway for upwards of 10+ minutes. Even when there are spaces to park away from the driveway and no one is blocking her in; she chooses to block my driveway.... Read more »

Mark Scoblionko
Mark Scoblionko answered on Nov 20, 2019

Call the police and have them ticket her.

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1 Answer | Asked in Civil Litigation, Real Estate Law and Land Use & Zoning for Georgia on
Q: what is the law in rabun county for abandoned vehicles and houses on uncared for land?

@ 573 david drive this house is a nuisance and so is the vehicle parked at or in the right away for months now. just need some direction

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 18, 2019

The best practice in this case is to contact Code Enforcement.

-The Upshaw Law Firm, (770) 240-0922.

2 Answers | Asked in Criminal Law and Land Use & Zoning for Texas on
Q: I was on a nature trail in texas and had my bow with me

because there are coyotes in the area game warden showed up and I went the other direction I they never saw me nor I see them.in the area game warden showed up and I went the other direction I they never saw me nor I see them.I left went to work once my significant other picked me up. there was... Read more »

Roy Lee Warren
Roy Lee Warren answered on Nov 18, 2019

Thanks for your question. I will give you a site for a video you should watch. Do not speak with the authorities yourself, ever!

They must prove they saw you leaving in a vehicle or otherwise, prove they asked you to stop, prove you heard the request and refused; and you knew they were law...
Read more »

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1 Answer | Asked in Construction Law, Land Use & Zoning and Real Estate Law for Indiana on
Q: Is there anything that can stop construction of something on neighboring property that will lower my property value?
Tim Akpinar
Tim Akpinar answered on Nov 17, 2019

Not if the structure will be in compliance with zoning and other laws, and the project is run in compliance with OSHA, environmental, labor, fire & safety, and other codes. Your question remained open for three weeks. Those are some general considerations. You could consult with an Indiana attorney... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: What is the legal definition of 'Fish Processing' for Florida?

The County that I live in does not have a definition. How do I petition the County to adort a definition?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2019

How does it affect you? Is "fish processing" regulated in your location and are you arguably subject to such regulation? I see that you picked the "Land Use & Zoning" topic; if you don't think the zoning regulations apply to you, start by talking to a code enforcement officer and take it from... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Q: When buying property can you do anything if existing neighbors have built on or over your property line?

I'm in the process of buying a piece of land and when looking over the aerial map and going out to the location it looks as though the existing neighbors has put a shed on the line if not over the property line. As a new owner can I say something about it?

James G. Ahlberg
James G. Ahlberg answered on Nov 8, 2019

That depends on a number of factors which need to be explored in a conversation with a lawyer experienced in such problems. For example:

1. Has an easement allowing the shed to cross the line been recorded? If so, is the shed within the legal description provided in the easement?...
Read more »

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