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I own a home built in 1992 that encroaches about 3 feet over a golf course easement. This issue has been present through several ownerships, and I've been advised by an attorney that it's not legally problematic since the house has been sold multiple times over 33 years without issue.... View More 
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answered on Mar 29, 2025
You might get the owner of the golf course to agree to a joint and permanent easement to be made of record. If you are able to move your encroachment, then you might do so. Otherwise expect to sell to buyers who are not concerned with the title cloud or possibly be sued at some time in the... View More
I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More
answered on Mar 25, 2025
Your question leads to many projected answers, but mostly to more questions. It is plausible that they have interpreted the HOA rules wrong after 27 years, or that you have rights from a prior version of the same rules. There are adverse possession issues, unless the claim is undercut by missing... View More
I received a written request from my HOA asking me to remove a fence that has been on HOA property for 27 years. I have been maintaining and upkeeping the fence all this time, but there was no original documentation or agreement regarding its installation. We have not had any prior disputes with... View More
answered on Mar 26, 2025
Obviously, you would like to leave the fence where it is.
First, you need to look at your HOA governing documents and covenants filed in the land records, or better, have a lawyer do so, and review issues relating to the right to claim adverse possession over common community property of... View More
I am planning to operate a vending machine selling pet food in both indoor and outdoor locations in Dallas, Texas. I am unaware of any local business regulations or zoning laws related to vending machines. Do I need a permit for this?
answered on Mar 17, 2025
Operating a vending machine business requires compliance with various laws. In general, the operator of a vending machine requires a license from the State of Texas to operate such a business. Cities and counties regulate where commercial business are allowed to operate through zoning laws and... View More
I recently purchased a manufactured home with the intention of placing it on my mother's land in Tennessee. I have a legal waiver signed by her permitting the placement of the home and have obtained the necessary septic permit. The home was delivered by the home center yesterday. A neighbor... View More
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answered on Mar 7, 2025
If you place the mobile home there, you take an extreme risk of a nearby property owner suing you and your Mother for a mandatory injunction to remove it. Arguably there is no SOL on enforcing such a covenant that was created on all parcels from the original tract. Sorry but you should have... View More
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
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answered on Feb 25, 2025
The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
answered on Feb 26, 2025
Dear Brooklyn House Purchaser:
I cannot imagine any lawyer advising you sight unseen and without a complete review of the property suggesting you buy this property.
You described an illegal, unregistered, multiple dwelling and extant violation of the Certificate of Occupancy. Aside... View More
My husband purchased 10 acres in 2020 and my son was put on the quit Claim deed to protect me, as I could not be put on it living in another state and on disability. My son passed away in September 2024 of ALS. He was married Aug 2023 and now she says half the 10 acres are hers. My husband has... View More
answered on Feb 5, 2025
I'm sorry to hear of the loss of your son, and the mess that this is creating. HOWEVER, without seeing the deed it is impossible to know. This all depends on HOW your son was 'put on the deed'. Was it 'joint owners with full rights of survivorship'? Joint Tenants? Tenants... View More
My husband purchased 10 acres in 2020 and my son was put on the quit Claim deed to protect me, as I could not be put on it living in another state and on disability. My son passed away in September 2024 of ALS. He was married Aug 2023 and now she says half the 10 acres are hers. My husband has... View More
answered on Feb 12, 2025
As Mr. Zichi mentions, this scenario is the reason people should not DIY deeds or estate planning documents, because what is meant to happen is all too often lost in translation.
An attorney needs to ascertain from the deed language whether your son is a joint tenant with rights or... View More
A homeowner in Georgia, who has since moved but continues to harass and slander members of the Board of Directors for a HOA has created a website under the name of the Association. Should the Association's Board seek legal remedies against this former owner?
answered on Feb 3, 2025
A Georgia attorney could advise best, but your question remains open for three weeks. It depends on a number of factors. If the statements are false and are resulting in damages and fit the requisite mindset, that could form a textbook basis for a lawsuit. However, there are also practical... View More
We have an HOA and they are allowing it. My fence was installed 4 inches short to my property line. I can’t move my fence as her gas line is on my property and they are not moving or it will be a minute. I have requested but I am still waiting. I don’t want them using my fence without... View More
answered on Jan 31, 2025
Your neighbor is installing their own post, which is not the same as tying into your fence. Tying into your fence would be if the neighbor attached their panels to your post.
You cannot demand compensation from your neighbor for your fence after you installed it. You should have... View More
The lot in question was one big rectangle that was sub-divided into two lots. The right front corner is one lot and a large flag lot the other. A house was put on the small right front corner and the water was run underground crossing the left front corner of the flag lot. The original owner of... View More
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answered on Jan 27, 2025
Have you searched your title? If no recorded easements, then try to estimate how long those pipes have been underground. 20 years gives them prescriptive use easements, and they maybe have easements through other laws. I doubt you are able to build without marking the ground where the pipes... View More
Use over 50 years, no access and consent withdrawn.
answered on Jan 20, 2025
If there is a valid easement, then normal use pursuant to the legal easement may be allowed, even if it does create some normal wear and tear (to some extent). If you want to get rid of a valid easement, you may have to buy the rights, the same as you would other types of real estate interests.... View More
Florida statute 720.3035 "1. limits or places requirements on the interior of a structure that is not visible from the parcel’s frontage or an adjacent parcel, an adjacent common area, or a community golf course." went into effect on July 1st, 2024. Does this mean HOAs can no longer... View More
answered on Jan 18, 2025
The statute that was in effect at the time your restrictive covenants were recorded is controlling. New statutes generally do not apply retroactively.
You should consult with a community association lawyer to review your HOA documents (all of them) and the law that existed at that time... View More
answered on Jan 10, 2025
Not enough facts to evaluate. It would turn on an "adverse possession" analysis. The law can be very complex in this area, and is very fact sepcific.
Generally, in Maryland, a party claiming to have adversely possessed property bears the burden of establishing that their... View More
Neighbor enters our property without permission. A few weeks ago he was on our property with a roof repair contractor who went up on our roof without our knowledge or consent. Do we have a right to ask neighbor to put a lock on the gate because we don't want anyone entering our property... View More
answered on Dec 24, 2024
First, entering your property through your private back yard without consent is the crime of trespass, for which you can contact the police. Perhaps the police would at least have a talk with the neighbor to warn him to not do it again or else. Otherwise, you can hire an attorney to send a cease... View More
We are allowed to use this easement, just need to know if I need to ask the owners permission to move forward with the power company
answered on Dec 17, 2024
Is your easement for ingress only or does it include the ability to site utilities? Without seeing the easement and knowing where you are it is impossible to provide a real answer, but a local lawyer can look at this quickly and let you know if you bring him all the paperwork.
Bottom line... View More
answered on Dec 16, 2024
There are many ways to answer this question, but much more information is needed to best answer it and point you in the right direction. Do you rent a portion of the property to any third parties for farming? Do you have an estate plan in place? I curious as to what led you to ask this question.... View More
My elderly mother has loss usage of her property. The county allowed a realtor to mislead her by telling her she had her own tree lined driveway knowing the driveway was in dispute. Tropic Shores Realtor in Hernando County FL. The seller covered up issues with problem neighbors and the drive. Two... View More
answered on Dec 16, 2024
"We can't get the judge to do a restraining order..." Was your mother represented by a lawyer in seeking such an order? If not, schedule a consultation with a lawyer in your area and start from scratch. If she did have a lawyer, any lawyer you consult with would have to review... View More
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