Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: How can I get more information about my deed?

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Answered on Aug 13, 2018
Anthony Marvin Avery's answer
Perform Title Searches, all the way back to 1870 and back to present for both chains of title. Look at old Tax Maps, examine the Tax Rolls carefully, and insure that your predecessors in title have continuously paid taxes on the correct tract. Hire a competent attorney, not a title company.

Q: I've been told that my residence is illegal that I just bought. Now what?

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Aug 13, 2018
Bruce Martin Broyles' answer
Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes....

Q: Is there an office in PR that can help a senior citizen do a declaratorio de herederos for free or a discount price.

1 Answer | Asked in Real Estate Law, Elder Law and Land Use & Zoning for Puerto Rico on
Answered on Aug 10, 2018
Nelson Jose Francisco Alvarez-Aponte's answer
Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.

Q: How much is involved in filing a petition for an injunction against trespass in oklahoma.

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Answered on Aug 8, 2018
Doak Willis' answer
The answer to that question depends on which County you live in and the attorney you choose to represent you. Further, it could also be influenced by whom the defendants might be and the facts of the case. Generally, you probably are looking at a retainer fee of anywhere from $2000 and higher. The costs for filing and service would be a minimum of approximately $250.

Q: How much to file Quit Claim Deed in ND?

1 Answer | Asked in Land Use & Zoning for North Dakota on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
The cost to file a deed in ND varies, but is generally around $25.

The cost of having an attorney prepare a quit claim deed varies from one attorney to another, but should be a few hundred dollars.

Q: How can I share ownership of a house without altering a deed and incurring tax costs?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for New York on
Answered on Aug 7, 2018
Michael David Siegel's answer
I do not understand your question. Ownership of real property is governed by the deed.

Q: Selling broker&owner&did not disclose flooding in the basement. We have had 3 floods in the past 4 ms,she knew,pls help!

1 Answer | Asked in Real Estate Law, Civil Litigation and Land Use & Zoning for Colorado on
Answered on Aug 3, 2018
Donald C Eby's answer
This is called Fraud. You likely have a claim against the seller and may have a claim against her and even your broker. You should contact an attorney to help you bring this case. If you used a Broker and the Colo Real Estate Commission forms then in addition to your damages you may be able to recover attorney fees.

Good Luck!

Q: Determining a fair price for the sale of a piece of my property?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for New Jersey on
Answered on Aug 1, 2018
Jay Schmerler's answer
First of all speak with an attorney knowledgeable of land use law. You want to be sure that what land you are left with meets the zoning requirements for your area. In addition, you don't say, but is there a mortgage on your home? You'll have to deal with your Lender for its OK before you can do this. As to value, get an appraisal.

Q: I've been here 20 yrs., planted trees, shrubs, along fence that was here. New owner said I'm on his prop. a ft. or less

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on Jul 31, 2018
Terrence H Thorgaard's answer
It sounds like an "adverse possession case. If you have, by adverse possession, established title to the foot of property which was his, you need to go to court to confirm that.

Q: An owner whose property abuts a public street or road owns to the center of the road, subject to an easement of public

1 Answer | Asked in Land Use & Zoning for Pennsylvania on
Answered on Jul 24, 2018
Peter Munsing's answer
Means they can do what they need to do to maintain the roadway. Sidewalks tend to be more 50-50

Q: Am I responsible for sewer bill on a house I recently purchased with no running water? Comptroller said since the owners

1 Answer | Asked in Consumer Law, Land Use & Zoning and Real Estate Law for Illinois on
Answered on Jul 21, 2018
James G. Ahlberg's answer
Matters like this are normally covered as part of the real estate closing. If no one did a readout to close the account for the sewer bill as to the prior owners through the date of the closing on the property, you're probably going to be stuck with it if you want future service at the premises.

Q: My town allowed a religious group to take trees down on my property w/out my consent and installed 12' metal pole

1 Answer | Asked in Real Estate Law and Land Use & Zoning for New Jersey on
Answered on Jul 20, 2018
Jay Schmerler's answer
Your situation is fact sensitive and cannot be easily answered based on your post. Is there anything in writing from the town authorizing this? Typically the landowner grants easement rights to a utility and it is just that utility that has the rights, in a limited way, to use the property.Unless the town has some easement right, I don't see where the town can authorize any use of your property. You need to meet with an attorney and go over all this. A survey and pictures will help him/her....

Q: Can I be held liable if someone wrecks their car into my fence, on my property? Fence is about 6 ft. from a county road

1 Answer | Asked in Car Accidents, Land Use & Zoning and Personal Injury for Texas on
Answered on Jul 18, 2018
Peter Munsing's answer
Technically no, but did you get your homeowners to pay for it?

Check with your local ordinances. I'd check with your homeowners as well.

Q: can a person keep you out of the cemetery cause he don't want you on his land

1 Answer | Asked in Land Use & Zoning for Mississippi on
Answered on Jul 17, 2018
Arthur Calderon's answer
Generally, no. The law in Mississippi establishes that cemetery, particularly family cemeteries, are generally open to descendants of those buried there.

Q: I wan to finish off a fence between my backyard and a portion of my neighbors backyard.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Answered on Jul 16, 2018
James Alan Greer's answer
Dear Fence Line Property owner: The section you cite is pertinent to "agricultural or grazing lands". While you didn't make a distinction in your question, the legal authority supports your desires only if you are speaking about agricultural land. Here is the citation:

Universal Citation: CO Rev Stat § 35-46-112 (2016)

Where the agriculture or grazing lands of two or more persons adjoin, whether or not such lands are farmed or grazed, it is the duty of the owner of each...

Q: Do I have pay previous liens on a tax deed property I acquired on 8/2017?

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Florida on
Answered on Jul 7, 2018
Richard Paul Zaretsky's answer
Typically, code enforcement liens survive a tax deed.

The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and ordinances to address any deficiencies with enforcement.

Unfortunately you most likely have to deal with the lien by 1) correcting the violation and 2) paying or seeking mitigation of the amount of...

Q: How do I settle a property line dispute? The owner threatening to tear down my fence & move over

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Answered on Jul 6, 2018
Thomas A. Grossman's answer
Your question is too complicated to answer without seeing all the documents and facts involved. I suggest you contact a local attorney near you for advice. Boundary disputes are often very expensive, and the outcome usually depends on the documents. Good Luck.

Q: A judgement was made on land but not boundaries lines lawyer and judge ignored evidence available and met and spoke of

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Rhode Island on
Answered on Jul 5, 2018
Neville Bedford's answer
If you received an unfavorable decision, and you believe the Judge was mistaken, talk to your attorney about the viability of filing an appeal.

Q: How can I get added to a land deed?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for North Carolina on
Answered on Jul 3, 2018
Vincent Gallo's answer
If your father was never added to the deed and your grandmother did not give your father an interest in real estate. Therefore, only your grandmother can convey an interest in the real estate to you.

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