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Land Use & Zoning Questions & Answers

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Hawaii on

Q: my great great uncles deceased, owned some land on the north shore of Oahu. Where and how can I show documents.

I have information birth death marriage certificates to prove proper identity. Is it legal without documents for someone else to sell, own or divide land or even lease it without title.

Nina Whitehurst answered on Aug 24, 2019

Yes. As a matter of fact I have a bridge in New York City I would like to sell you.

On a more serious note, you need to find a Hawaii probate attorney to help you probate your uncle’s estate.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on

Q: Hello my Name is Dexter Thomas I am looking for a lawyer to address an encroachment onto my property. Any suggestions?

On April 27, 2019 the neighbor was sent a registered letter requesting the removal of structure, she secretly sold property to someone else who is refusing to honor our request. We are looking for legal assistance.

Gerald Barry Dorfman answered on Aug 23, 2019

The sale is unlikely to have affected your rights. This is not a situation which can be solved in a question and answer forum such as this. You will need to have an attorney review the specifics of the encroachment. A lawsuit may be required.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Tennessee on

Q: Landlord let neighbors take down fence and drive through our yard without notice while no one was home is that legal?

My husband noticed that a section of the barbed wire fence between our rental property and the neighbors field had a section missing and there were tractor tire marks in our driveway and grass. He texted our landlord and he said yes he gave the neighbors permission to do so. This morning I watched... Read more »

Anthony M. Avery answered on Aug 19, 2019

You are not the owner, and the owner can grant easements and licenses.

You might claim the traffic is interfering with your exclusive possession and use of the Leasehold, but what would be your damages? By the time you went to Court, your Lease would be over or the Landlord would...
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2 Answers | Asked in Real Estate Law, Land Use & Zoning, Estate Planning, Landlord - Tenant and Probate for Georgia on

Q: My grandfather inherited a house and piece of land from my great grandmother after she passed.

Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... Read more »

Paula J. Mcgill answered on Aug 17, 2019

Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.

Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until he...
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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Land Use & Zoning for Louisiana on

Q: Is there a law in Louisiana that prohibits felons from owning property

My son has 5 felonies and we jointly own a house 50/50. He'll go to jail and stay anywhere from 7 months to 36 months and each time he comes back to my home(his house) he destroys it a little bit more. This time he tried to burn it down around his 86 yr old grandfather and myself. I'm just... Read more »

Ellen Cronin Badeaux answered on Aug 17, 2019

Felons can own property. You can buy him out.

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

Q: My grandmother is passing down her small land in Puerto Rico; to me and she lives in Florida. What do I need to do?

Can a lawyer in Florida help? Could I do this on my own?

Charles M. Baron answered on Aug 15, 2019

Your question is vague as to what you mean by "is passing down" the property. Is she living and wishes to make an estate plan for passing of her property after death? Is she living and wants to convey it to you right now? Is she dead and arranged for it to pass to you in a Will, Trust, or Deed?... Read more »

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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on

Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?

His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.

Charles M. Baron answered on Aug 15, 2019

There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses to pay his/her... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on

Q: How do I initiate a hostile land grab

Ronald J. Eisenberg answered on Aug 15, 2019

Your post is unclear. If you are inquiring about how to file an adverse possession lawsuit, I suggest you get a survey done and hire a good real estate attorney.

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on

Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
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1 Answer | Asked in Land Use & Zoning for Ohio on

Q: Can a township deem a persons property a nuisance without using a court or notifying the property owner?

I live in Olmsted township and the building commissioner had the trustees deem mine and other property a nuisance. He did not notify anyone of these actions and when I questioned him on it, he said according to the Ohio revised code he did not have to notify us, or use a court.

Joseph Jaap answered on Aug 15, 2019

It depends on local ordinances. Use the Find a Lawyer tab and retain a local attorney to review the zoning code and local ordinances, and advise you if the township followed the proper process and whether you can appeal.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on

Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud

There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public... Read more »

Seril L Grossfeld answered on Aug 14, 2019

Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim.

You are...
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1 Answer | Asked in Land Use & Zoning for Texas on

Q: My neighbors are violating two city ordinace codes what should I do?

Tammy Lyn Wincott answered on Aug 13, 2019

Make a complaint to your city code compliance or zoning office.

2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Real Estate Law for Texas on

Q: Can an individual place restrictions on property they are selling if no restrictions were on it before?

My wife and I purchased a 10 acre tract in Polk County on FM 3126 outside Livingston city limits, not in a neighborhood, no HOA or zoning. The land sale contract states "The property shall be used exclusively for agricultural or single-family residential purposes." If we decide to build a... Read more »

Tammy Lyn Wincott answered on Aug 13, 2019

I suggest you see if the seller will amend; otherwise, you signed a contract with them and they can hold you in breach of that contract.

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3 Answers | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Pennsylvania on

Q: My grandmother died and left her land to her children they have not paid land tax for 5 years do I have rights if I pay

The land was willed to her children who are not paying the land is still in my grandmothers name

Elizabeth Tarasi answered on Aug 12, 2019

No. If you are not one of her children you do not have any rights.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for New York on

Q: Sold house in 2011. A cert of occ was never issued for an added structure prior to sale. is the sale valid?

Added 1st floor sun room to single family house (with permit) in 1983. Unknown to original owner, inspection for remodel was never recorded by bldg dept. Sold house in 2011. An agrmnt with buyer and lender was made for buyer to procure inspection to receive the required CO. Agrmt obligation... Read more »

Michael David Siegel answered on Aug 11, 2019

Sales are generally "as is" unless there is an agreement to the contrary. You referenced some escrow agreement. The sale will be governed by that document. No one should close without a valid certificate of occupancy. Whatever the buyer did (I am unsure if you are buyer or seller) was a mistake.

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Virginia on

Q: Family land since 1800’s in Surry Va. Want to stop unlawful sale.

What can we do to stop sell of land. Heirs do not want to sell our land but the court is trying to force. All taxes are paid every year and we have roughly 45 acres. Heirs never had a dispute but courts seems to think so. How can we stop a sale we never asked for

F. Paul Maloof answered on Aug 11, 2019

Appeal the court's decision and ask for a stay of the order to sell.

1 Answer | Asked in Land Use & Zoning for Colorado on

Q: Can a city in Colorado install a Acqueduct that sends water over privately owned land and not into the city drain?

The city said it has always been that way.

Donald C Eby answered on Aug 9, 2019

You may have a "Takings" claim against the city.

I recommend that you contact a Land Use Attorney to review the facts, your rights, remedies, and process.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on

Q: How do I get a free consultation with an attorney with a background in real estate law in Puerto Rico. No answer yet.

Have a cousin who has put his small business on my father's property without permission and there is no written agreement. My father has the deed to this property. He is now expanding. My cousin says he has a business permit and is allowed to be there. How do find out that this is true? How do we... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Aug 7, 2019

Hello and thank you for using JUSTIA. If you search the data base on JUSTIA you will find various Attorneys whom give free consultations in Puerto Rico.

1 Answer | Asked in Land Use & Zoning for Virginia on

Q: Lawyer question about VA inheritance law.

Hi,Is anyone know if is Ok to put grandma’s land to the estate to her granddaughter in Virginia?They did in PA before but they’re not sure if it’s also fine in VA.

Tim Akpinar answered on Aug 7, 2019

Your question could have a better chance of being picked up in the Probate or Estate Planning sections. You could try reposting with those areas added. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Pennsylvania on

Q: Do sidewalks in an HOA community, with main streets dedicated to the township, need to be ADA compliant?

I live in an HOA community where main streets are owned by the Township. I am responsible for maintaining the sidewalk in front of my property. Between the sidewalk and the street is a 4' strip of grass considered common area where the developer planted street trees. These trees are 15+ yrs old and... Read more »

Elizabeth Tarasi answered on Aug 3, 2019

Yes you need to comply with the ADA

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