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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Ohio on
Q: Issue with neighbor house

I own a home in Ohio that was built in the early 1900’s along with its surrounding homes. It’s in a neighborhood where the houses are very close together, but the house to the left of ours is abnormally close like 4ft. They are missing gutters along that side of the house that borders ours and... Read more »

Joseph Jaap
Joseph Jaap
answered on May 24, 2022

Tell them you will talk to the local building dept. which might issue a building code violation. Or you could sue them for any damages caused by the excessive water.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I inherited property with a storage building that a relative claims ownership of. Can he take or sell it?
Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2022

It is possible that he can prove ownership. Just because it is on what is your land does not mean it is a fixture. It may be easily moved. Either party may possibly sue for conversion depending on what happens.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Louisiana on
Q: If the property owner dies without owing property taxes,heirs aren't notified of future delinquencies, city sell propert

Property sold at the ax lien sale, can anything be done about this?

Anthony M. Avery
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Anthony M. Avery
answered on May 20, 2022

There should be a Redemption period, but it may have already run. Contact a LA attorney today with the exact facts to see if the Heirs can get the property back.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oregon on
Q: My neighbor has trees/ bushes growing into our yard and knocking down the fence between us. Can I do anything about it?

I've asked him to trim them he said No, but I can trim what grows onto my property. I have to pay a landscaping company, how is this fair?

The fence is in terrible condition because of his overgrowth, replacing the fence will cost me thousands and the problem will still persist. What... Read more »

Katherine Goodman
Katherine Goodman
answered on May 20, 2022

There are a lot of facts that could change the answer to your question such as if the fence is on your property or your neighbors, do you and your neighbor have an easement agreement, and/or your properties apart of an HOA committee. You should contact a local real estate firm to discuss your... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Construction Law and Land Use & Zoning for New York on
Q: Hello. I live in a road that has a shared egress. What is a common road agreement for a shared road? How is it split?

There are 3 owners that live on the adjacent property. One is a farm with 28 acres, 9 homes and businesses. One is a restaurant with 2 acres. I own 1.9 acres and have 2 homes on my property. The farm with 9 homes and businesses has the most land and travels the whole length of the shared road. They... Read more »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on May 17, 2022

The type of easement described here is a roadway easement for ingress and egress to another parcel of property. In this case, ingress refers to having the right to enter a property, while egress refers to the right to exit a property. An example of this type of easement is a shared roadway through... Read more »

1 Answer | Asked in Contracts, Foreclosure, Construction Law and Land Use & Zoning for Illinois on
Q: What Kind of Lawyer do I need?

I bought a home unknowingly there was an open permit pending that the contractor didn't close with the county. Now the County is requesting I close the permit and contractor doesn't have proof of them closing it out. I am unable to schedule inspections due to contractor unable to submit... Read more »

Frederick A. Lurie
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Frederick A. Lurie
answered on May 13, 2022

You will likely need a code inspection to make sure the work was code compliant.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
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Anthony M. Avery
answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: If I have a house on a canal or body of water what legal concerns come with renting out my dock for boaters to rent?

Do I have rights to rent my dock since I don't "own the water"? What happens if they crash into my dock? Any legal concerns or suits that can be brought against me as the dock owner?

Jane Kim
Jane Kim
answered on May 8, 2022

If they crash into your dock, you'd have a lawsuit against them.

If someone drowns and the heirs may blame you for poor maintenance of the dock.

Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Question regarding ingress/egress easement maintenance rights

Question: Our access to our homes is through a platted ingress/egress over privately held land (outside of our subdivision). As homeowners using this easement, what rights do we have to make improvements to the easement? The plat shows the easement as a 50' wide easement; however, the path is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 5, 2022

If you have an easement for access to your property, in general you have the right to maintain the roadway. So, within reason, the landowner cannot object if you make the improvements you mention.

2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: Opening a dog park/bar/cafe in Oakland Park Fl and wondering about zoning and permitting needed. It is b-2 zoning now.

We want to create a fun and safe space for dogs to socialize but also for humans to be able to have a drink, coffee, or sandwich while utilizing the wifi and getting some work done. We have a location in mind and it is b-2 zoning. We just are not sure if this is allowed or what we need to do to get... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 4, 2022

Start by having a chat with your county planning department.

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2 Answers | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: Opening a dog park/bar/cafe in Oakland Park Fl and wondering about zoning and permitting needed. It is b-2 zoning now.

We want to create a fun and safe space for dogs to socialize but also for humans to be able to have a drink, coffee, or sandwich while utilizing the wifi and getting some work done. We have a location in mind and it is b-2 zoning. We just are not sure if this is allowed or what we need to do to get... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

Good idea; I would drop by with my dog if it flies. First speak to Oakland Park Planning & Zoning staff, and I recommend you go in person in order to review and discuss the list of uses permitted in that zoning category, and to discuss if your intended uses can fit with their interpretation of... Read more »

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1 Answer | Asked in Land Use & Zoning for Maryland on
Q: My neighbor is claiming that my fence and HVAC air handlers are on her property. Fence was installed over 20 years ago

The county does not have an actual plat map or site plan for the property. The fence was in place when we purchased the home and assumed to be proper property line.

Mark Oakley
Mark Oakley
answered on May 4, 2022

(1) Hire a licensed land surveyor and get a definitive determination of your property boundarie. If that shows the fence and hvac are on your land, provide your neighbor with a copy and make it clear the matter is settled as far as you are concerned.

(2) If the survey shows the fence and...
Read more »

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is it illegal for a real estate agent to digitally remove A Property Surveyors Property Markers from a Real Estate Listi

Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2022

You mean in the PHOTOS of the listing?

It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.

I remember as a young adult looking at a house that was in my price range and the photos in the listing were all...
Read more »

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is it illegal for a real estate agent to digitally remove A Property Surveyors Property Markers from a Real Estate Listi

Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?

Trent Harris
Trent Harris
answered on May 4, 2022

No, that is not illegal.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: In Florida can you be trespassed for walking in a non-gated housing community that simply has a sign saying

"Private community for residents only" off of the public street?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2022

Arguably, when you read the sign, you were automatically "trespassed".

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Q: How do I relinquish all responsibility for land received by forced inheritance?

My grandmother died a few years back and my father and three siblings inherited the property. My father no longer wants his share of the land but my uncle and aunts still want their shares of the property. What is the process to go about so my father no longer has any bearing to the land? This land... Read more »

Sandra M. Colatosti
Sandra M. Colatosti
answered on Apr 28, 2022

He can deed his share over to his siblings.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for California on
Q: What would you recommend in the following situation:

The property ( Vacant Land Lot value under $30,000) has a few owners.

One of them has the property under Living Trust, he is passed away.

This person doesn't have a wife or children.

We can not get Trust documents of his Living Trust.

What would you recommend... Read more »

Julie King
Julie King
answered on Apr 27, 2022

Unfortunately, you can't just give away property that belongs to someone else. Even if you tried, the County would never accept a Grant Deed that was signed by someone who is not authorized to give away the property.

When someone passes away and has a trust, the trust will say who...
Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Illinois on
Q: who enforces (765 ILCS 160/) Common Interest Community Association Act when the declaration and covenants aren't honored

I'm the adjacent property to a townhome association and they do not honor their obligations stated in their declaration. Specifically the sections that refer to my property being the Dominant Tenement and various zoning and municipal code ordinances that has actually caused serious damage to... Read more »

Frederick A. Lurie
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Frederick A. Lurie
answered on Apr 26, 2022

You provide only general information so one can only provide a general answer. No neither you nor the police can force the Association to furnish you with its insurance policy unless you file suit for property damage, violation of an easement or whatever wrong has been committed. The declaration is... Read more »

1 Answer | Asked in Land Use & Zoning for New Jersey on
Q: Do I have legal right to claim (or purchase) the portion of a paper street that abuts my property on one side?

I recently purchased a home in Lower Twp. One side of the property abuts a paper street that is ~100 years old. The street begins between my property and my neighbor, is 40' wide, and 425' long with ~40% of it deemed wet land at the opposite end. This paper street essentially makes my... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Apr 25, 2022

Your best solution is to approach the governing body of the municipality and ask that the street e vacated. Were this to be done, the property would be split in half and deeded to the appropriate property owners.

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