Land Use & Zoning Questions & Answers by State

Land Use & Zoning Questions & Answers

Q: If a home is rented, w/o a rental license, is the lease valid (Wayne County, MI). Is there punitive recourse?

1 Answer | Asked in Civil Litigation, Contracts, Land Use & Zoning and Landlord - Tenant for Michigan on
Answered on Apr 19, 2018
David Soble's answer
If a municipality requires the licensing of rental properties, and the owner has not secured the license, then it is very likely that they could mark the property as 'not habitable" until the home has been inspected. Tenants should not be at the property however, some cities will work with both owner and tenant to make any repairs cited in the inspection while the tenant is in the home.
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Q: How to get a oil well company fix my parents driveway?

2 Answers | Asked in Energy, Oil and Gas and Land Use & Zoning for Ohio on
Answered on Apr 17, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local real estate attorney to assist. Find out if the oil company has an easement to use the driveway. If not, tell them to stop. If so, what does the easement say about repair of damage? Get an estimate for cost of repairs and send that to them by certified mail or FedEx and say if not fixed, parents will sue them. If they don't fix, then sue in small claims court up to $6,000 or up to $15,000 in municipal court.
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Q: If I Live in Arkansas and the owner of the Land I lease in Oklahoma Lives in Kansas, which state do small claims

1 Answer | Asked in Contracts, Land Use & Zoning and Landlord - Tenant for Oklahoma on
Answered on Apr 11, 2018
Gary Johnston Dean's answer
The County in Oklahoma where the land is located pursuant to 12 OS 131. Click this link http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=93676 to view it.
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Q: I have a lot next door with no owner. How would I go about aquiring the lot? It abutts my property and 3 others.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Massachusetts on
Answered on Apr 10, 2018
John Espinosa's answer
Every property is owned by someone. Start with the tax assessor's office records, which should be online. From there you get an owner name address and deed reference that you can do further research with. Www.masslandrecords.com for the registry of deeds records, including plans.
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Q: I purchased a lot next to mine to place a carport. The county made me join the parcels. The land has not improvements,

3 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Answered on Apr 6, 2018
Jonathan A. Klurfeld's answer
Not sure what you mean amenities. You are already paying the taxes and or HOA via ownership. If there are no electric or water I dont see why you would need to add it. Especially if you join the parcels your current parcel already has water and electric anyway. The county likely did so as you were using the both parcels as one.
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Q: I live in a wildfire prone area backing up to undeveloped, bank owned land . Can I get the bank to mitigate that land?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Answered on Apr 4, 2018
John Roland Lund's answer
You could file an action for nuisance abatement. That suit would be filed against the bank on behalf of you, and other adjacent owners. You might try having a lawyer write a letter on your behalf first. If the bank responds to that, it would be less time consuming and less costly. Still, the letter would be demanding that the bank abate the nuisance being caused by the excessive fuel load on its property.
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Q: The city I live in replaced all the main sewer lines this past summer about 8 months ago. Since then, three houses in a

1 Answer | Asked in Construction Law, Consumer Law, Land Use & Zoning and Real Estate Law for Ohio on
Answered on Apr 3, 2018
Joseph Jaap's answer
The neighbors should band together and hire an engineer to inspect and determine a cause for the problem, then the neighbors can retain an attorney to review the situation, talk with the city, and try to find a resolution.
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Q: Bought land that hasn't been surveyed in over 100 yrs. Put in a driveway and found out we are 104ft on undeveloped land.

1 Answer | Asked in Land Use & Zoning for Oklahoma on
Answered on Apr 2, 2018
Richard Winblad's answer
Lots of questions here. Was the driveway in existence? If so for how long?

Was your real estate landlocked with this being the only access?

You should visit an attorney. You may have acquired an interest by adverse possession or a prescriptive easement.
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Q: Can we be kicked out of this trailer?

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Arizona on
Answered on Mar 30, 2018
Salim U. Shaikh's answer
As detailed, owner is liable for the shift/move out of your family member provided 55 and older is a pre-condition for lease which was skipped by the owner.
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Q: bought a piece of property said it was 16 acres. After closing we got the survey. It was just less than 14 acres?

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Tennessee on
Answered on Mar 23, 2018
Bennett James Wills' answer
Consult with a local attorney. Your purchase and sale agreement will control the rights and obligations of the parties. You may need to file a lawsuit to correct a deed or pursue some other type of relief.
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Q: She died without a will and I have been living in the land all my life.

1 Answer | Asked in Land Use & Zoning, Probate and Real Estate Law for Mississippi on
Answered on Mar 23, 2018
Baskin Lowber Jones' answer
Likely not. Contact a local family law attorney to discuss your options, and how the property could/should be handled in an estate.
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Q: Neighbor died and house sat empty 2 years. Storm hits and tree falls on house. House is now in probate. How to buy?

2 Answers | Asked in Land Use & Zoning, Probate and Real Estate Law for Florida on
Answered on Mar 19, 2018
Terrence H Thorgaard's answer
Probate is a court proceeding by which someone applies to court to be appointed "personal representative" (also known in some places as "executor") of the estate of the decedent (your late neighbor, for example). The PR's job is to dispose of the assets (such as the house) and paying the proceeds or conveying the assets themselves to the heir or heirs.

Any attorney could help you with this. It's simply a matter of negotiating a deal with the personal representative of the probate...
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Q: Can I get my house free or a lower price on the land contract due to repairs and problems the owner neglected to fix

1 Answer | Asked in Contracts, Construction Law and Land Use & Zoning for Ohio on
Answered on Mar 14, 2018
Joseph Jaap's answer
Buyer and seller must follow the written terms of the land contract they signed for purchase and sale, including the purchase price. A buyer can notify the seller of problems and try to renegotiate, but the seller is under no obligation to agree to any changes. Use the Find a Lawyer tab to retain a local real estate attorney who can review the land contract and all the other facts of the situation, and advise you about your options.
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Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on
Answered on Mar 8, 2018
Randall R. Saxton's answer
Yes, you can set up a trust to transfer the assets into with your desired stipulations.
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Q: In a mobile home park Can a landlord Dump onto tenants lawn.

2 Answers | Asked in Elder Law, Land Use & Zoning, Landlord - Tenant and Personal Injury for California on
Answered on Mar 4, 2018
Theodore Allan Greene's answer
This doesn't sound like something they should be doing. Did you have any other witnesses? Did they give any kind of explanation at all? Very strand behavior. You should consider consulting with a local attorney to see what options you might have.
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Q: Can a company sell land for 40k if it’s only worth 3k?

3 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Answered on Mar 3, 2018
Terrence H Thorgaard's answer
Land is worth what a willing buyer will agree to pay to a willing seller. Your parents were, apparently, willing buyers. So yes, the contract is legal.
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Q: Im a tenant the property owner has city violations and is unresponsive to court orders to comply

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Illinois on
Answered on Feb 27, 2018
James G. Ahlberg's answer
I don't mean this to sound harsh, but about all you can do is find a new place to live as quickly as possible.
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Q: What rights does my husband have? What rights does the 6th kid have? Can the 6th kid stop my husband from ownership?

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Alabama on
Answered on Feb 26, 2018
Mr. James Parrish Coleman's answer
This is a common problem. As I understand, there are 6 heirs at law of grandparents. One child has died. If that child had any children, they have the same rights as their deceased parents. So, if all parties but one wants to sell, what to do? FIrst, the property could be sold through the estate of the grandparent who was last to die. This would entail opening and estate. If there was a will for that last to die grandparent, this would be much easier to handle. If there was no will you would...
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Q: Can an alteration to a neighboring property legally cause run-off water to flood my property in Ohio? What is statute?

1 Answer | Asked in Land Use & Zoning for Ohio on
Answered on Feb 23, 2018
Joseph Jaap's answer
Only a court can tell you if you are correct if you cannot work it out with the developer. Water is legally allowed to flow downhill. But an uphill owner is not allowed to collect additional water and divert it so it causes damage to a downhill owner. If not resolved with the uphill owner, the downhill owner would have to get an engineer to study the problem and offer an expert opinion as to the cause, and the court would have to determine if the uphill owner's actions were improper. Use...
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Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Answered on Feb 22, 2018
Greta Katrin Kolcon's answer
Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads and utilities, in general in New York, railroad ties treated with creosote cannot be sold, burned, or disposed of unless in compliance with a permitted facility. This link will take you to the...

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