Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: My partner and I rent a house. 6 months ago let a friend move in. She doesnt pay bills at all.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Virginia on
Answered on Jan 23, 2018

Not sure what is the issue that you have based on your inquiry.
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Q: Heir property that was given by non-family member that did not own rights to the land how can you have them removed

1 Answer | Asked in Estate Planning, Real Estate Law and Land Use & Zoning for Virginia on
Answered on Jan 21, 2018

I’ve handled a bunch of three, and they are fun cases, but that’s from the lawyers’ perspective. First, there is no such thing as “heir property.” The term is a byproduct of the Jim Criw South and a pun on the word “air” indicating that title is “in the air. Correcting it is a skill-intensive mess quieting title lost in generations of relying upon operation of law. The correct petition is either a Complaint to Quiet Title or a Declaratory Judgment, and the legal work usually...
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Q: What steps do I have to take to sell my inherited land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Virginia on
Answered on Jan 19, 2018

While the property passes directly, you still need to probate the Will, and it is often helpful to record a deed. If the 4 heirs agree to sell, it is easy from there and can be accomplished during probate. If you disagree, you may need to partition or petition to sell in lieu of partition. A lawyer would be helpful in this process, but you might get a non-local Virginia lawyer to act as attorney-advisor, thereby saving $.
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Q: My Grandmother inherited my grandfathers house after he passed. She has sold it; all parties have been paid except her.

1 Answer | Asked in Civil Rights, Estate Planning, Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 18, 2018

She needs to contact the lawyer.

Had your grandparents divorced? If so, perhaps there is inheritance tax that must be paid and the title insurance company is escrowing the sale proceeds pending receipt of tax clearance.
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Q: can you take a house number that already in use for another piece of property on the same land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Answered on Jan 16, 2018

Contact your local borough. Plenty of family farms are subdivided for housing of family in PA.
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Q: If my neighbor throw a ball into my house many times, what can I do and what is my rights?

1 Answer | Asked in Civil Rights, Land Use & Zoning and Real Estate Law for California on
Answered on Jan 16, 2018

Keep the ball. If the neighbor causes damage with the ball, then you can hold the neighbor responsible for whatever damage she caused. If the situation escalates, you can always call the police and make a complaint against your neighbor. You could even go to court and file a claim of harassment against your neighbor for disturbing your peace and quiet.
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Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on
Answered on Jan 16, 2018

Her Will governs. If you want to be repaid for the money and work you have put into the farm, you need a signed contract agreeing to the amount. Adverse possession only applies to occupancy for many years with no objection by the other people entitled to the land. You would have to occupy the farm for many years after her death without others objecting and then send them legal notice, giving them a chance to object. That seems unlikely to occur.
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Q: What legal action can I take for misrepresentation of a newly-purchased home?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jan 14, 2018

It appears the broker is the listing broker as opposed to someone you retained specifically to represent you as the buyer? Assuming that is correct, the listing broker is not your fiduciary and not responsible for your best interests. Rather they represent the seller. They are nevertheless obliged to give you honest and accurate information about something like the boundaries of the property and the rights to share certain spaces. From what you say, this was a material aspect of the...
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Q: I am currently in Escrow and had the inspection done. We noticed trees that we believe to be on our property

1 Answer | Asked in Insurance Bad Faith, Land Use & Zoning and Real Estate Law for California on
Answered on Jan 12, 2018

This is a common legal question, and the answer is that the tree owner is liable under trespass and private nuisance theories (in most cases, at least). Whether you, as new property owner are liable, is something a a real estate attorney should be retained to evaluate. It may be something that can be passed on to the prior owner, but it appears to be an obvious and open condition, so it might be difficult to claim that it wasn't disclosed, and you purchased the problem with the house....
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Q: Duke Energy has a utility easement on my property. I have a shed that is on the easement. Duke wants to tear it down.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on Jan 9, 2018

You will need to review your closing documents with an attorney to determine your best course of action, but if your shed is on Duke Energy's easement, you will probably need to move or remove it.
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Q: What are the steps do I take to claim land next door to me that's undeveloped,someone owns it. And I been squatting 5yrs

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Florida on
Answered on Jan 4, 2018

Florida Statutes 95.16 and 95.18 contain the 7-year "adverse possession" statute of limitations. The former statute is for those who have "color of title" (a writing which they believe gives them a right to possession), and the other one is for those without color of title. But in either case you must enter the property "under a claim of title exclusive of any other right". So a mere squatter such as you cannot gain title by mere occupancy.
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Q: Public nuisance codes in small town stonrwall,OK.74871

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.
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Q: If my lanlord doesnt fix rodent problem floor damange roof leakage in my home do i have the right to break my lease

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Louisiana on
Answered on Dec 29, 2017

Yes. You should always put issue in writing, give a reasonable notice to cure (or time delay provided in the written lease, if one), and if problem goes unfixed, then the Lessor has breached its duty. Lessor also has duty to provide safe, healthy environment, even if other warranties against vices were waived in the lease.
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Q: I want to kick my 18 year old son out because he won't work or go to school, he won't even help around the house.

1 Answer | Asked in Family Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Colorado on
Answered on Dec 28, 2017

You need to consult with an eviction or landlord-tenant attorney. This is not a family law question. That being said, under doctrines of family law, he is an adult and can be booted from your home if that's what you need to do. The process would be an eviction process.
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Q: How can I get a brother, who lives in another state, to move his trailer off of our mother's property in Hobbs, NM?

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for New Mexico on
Answered on Dec 27, 2017

This is an issue for a New Mexico attorney. Under Michigan law, for example, one would serve a notice to quit, paying attention to special rules applicable to manufactured homes.
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Q: My husband’s grandmother passed away and on her will the land she owns goes to her 3 children . One of her 3 children’s

1 Answer | Asked in Land Use & Zoning and Probate for Louisiana on
Answered on Dec 26, 2017

When someone passes away, a power of attorney is no longer effective. The Will controls and all three children of the deceased will subsequently own, as long as all accept the succession. The children need to open succession to effect the change in title from the deceased person's name to their name.
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Q: Can someone steal your land by illegally placing a trail or home on the land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Answered on Dec 23, 2017

It depends on the length of time the trailer has been there and on the presence or absence and nature of any communications between the landowner and the owner of the trailer. Here's the principle involved:

Adverse possession, sometimes colloquially described as "squatter's rights",[a] is a legal principle that applies when a person who does not have legal title to a piece of property—usually land (real property)—attempts to claim legal ownership based upon a history of possession...
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Q: Are Utility access roads such as for Power Lines, usually public or private property?Zoning Maps for East Hanover Nj?

1 Answer | Asked in Traffic Tickets, Civil Litigation, Land Use & Zoning and Real Estate Law for New Jersey on
Answered on Dec 21, 2017

The utility access area is generally private property, BUT the police are given in most municipalities the right to enforce the local traffic laws on that property. You would need to research this to see whether this was true for this township and this property or hire a lawyer to do so, which would probably cost more than the fines.
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Q: I have a tax lien on several properties in Mississippi that i purchased from an auction; how can i own these parcels?

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Foreclosure for Mississippi on
Answered on Dec 21, 2017

Alcorn county has put up valuable information on Tax Sales and redemption of property in Mississippi.
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Q: I am a homeowner in Long Island, NY. We have a friend of the family who’s fallen on hard times and is living with us.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Dec 19, 2017

Seems like BS. Just go to the Town and say what you said here.
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