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Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Is it legal for a resort to lock us out from using our parking lot

We've had access to are parking lot for over 50 years then a resort came in and put up a gate that we use to enter our parking lot and they put a padlock on it to keep us locked out from accessing it,is that legal

It is the only way into our parking lot is through access off a main... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 1, 2024

Best to schedule a consultation with a attorney handling real estate disputes, as there are a few issues to be examined, such as: Was the former owner's permission formalized into a recorded easement? (An easement is a permitted through-way of someone else's land.) If no recorded... View More

Q: I am purchasing land to establish a farm and I am told I need a lawyer, but I don't know what kind.

I need to have a purchase agreement with the seller to proceed with the FSA who is giving a farm loan to purchase the land 100%.

Charles M.  Baron
Charles M. Baron
answered on Nov 24, 2023

For the real estate transaction, hire a real estate lawyer. If you still need to set up your business entity for the farm, hire a lawyer handling business formation. You might be able to find a lawyer/law firm that does both. Another issue is whether your land is already zoned for everything you... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: real estate conflict against neighbor

A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you... View More

Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: I have an Air bnb in FL. Currently there are no restrictions on rentals. Can hoa amend Ccr’s and prohibit air bnb’s?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 4, 2023

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Florida on
Q: May I remove a DEAD 4'single shrub plant that was planted on the property line. Neighbor says don't touch it or will sue

Just moved to the home 3 months ago. Have had the property line survey done twice to be certain of location of

dead bush. This type of plant has thorns up to 2 inches long and very sharp. Surveyor says plant is 6 inches over the line on our property. Lake Co. FL. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2023

May you remove a dead shrub from your property? Certainly. And if the neighbor does sue you, and if the judge doesn't believe your expert witness surveyor (who you will have subpoenaed at the trial, hopefully) and rules that the shrub was on the neighbor's property, what damages will... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... View More

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Charles M.  Baron
Charles M. Baron
answered on Oct 19, 2022

If a neighbor's tree branch hangs over your land, you may cut it down. You can't chop off the end of their trailer, but you can demand that it be removed, and if the neighbor fails to comply, you may file a lawsuit to seek an injunction - that is, a court order to remove it. If your own... View More

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2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: I rent a house in florida. my neighbor has a big trailer that is parked on his land but trailer hovers over my land

The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 19, 2022

Yes, in a technical and legal sense, your neighbor is trespassing because his trailer is encroaching upon your property. It is the same as when a neighbor's tree hanging over your house falls on your house. The neighbor would be liable.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am a joint land owner in Arkansas. One co-owner has allowed a family member to take up permanent residence.

No legal documents, lease agreement, etc..

65 acres of pasture land, pond and a mobile home. Husband, wife and 5 kids.

What are the land owners liabilities?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

This is a question of Arkansas law. It has nothing to do with Florida law.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Florida on
Q: Opening pedestrian path to motorized traffic/changing dead end street - Neighborhood Property Value Loss

Our street in a protected historic district currently is a dead end with 10 households on it. At the end of the street is a small footpath that allows pedestrians to walk over to another street, so some of those properties currently have zero motor traffic.

A developer has bought a property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 9, 2023

You hire an attorney who does this sort of work, not just real-estate. This is not anywhere close to a DIY project. This is complex litigation with lots of moving parts,.and if you want any chance of succeeding, you will have to hire top talent at a price.

1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Why do we need an Estate Plan?
Anthony M. Avery
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answered on Jul 24, 2023

Call a FL attorney, tell them of your assets, liabilities, and family situation. Ask for advice about what to do, and possibly hire them to draft appropriate instruments.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Duke has 3 anchors in our front yard on our side of the fence. We have a clear title and deed.

There is no record of an anchor easement anywhere at the Property Appraiser Office or at the County Clerk's Office. Duke Engineers came out and insisted they had been there awhile and later emailed a notarized document that went back to 1960 (not paged or numbered with the Property Appraiser)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2023

It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida... View More

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Irrigation question

My nieghbor parks his employers truck right up to the property line in the grass and complains my irrigation gets his truck wet. I have adjusted them and informed him what day and time it runs..he refuses to move his vehicle into his empty driveway. Says he will take legal action for idk.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 2, 2023

What is your question? A wet truck does not constitute money damages which would justify a lawsuit. Call the neighbor's bluff.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How to find how much land a person purchased without using CRIM as a resource?

My partner inherited land in Puerto Rico. We confirmed it with ARPE/OGPE but CRIM shows the land under another property owner. The house was registered under the now-deceased family member in Bayamon. ARPE as well as CRIM are asking for the segregation of property but the other property owner... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 11, 2023

Contact a title insurance company to do a title search.

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Sexual Harassment for Florida on
Q: What are my rights as a tenant concerning confidentiality?
Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

Confidentiality of what? - and keeping it confidential between who and whom? You need to post a new inquiry with more details.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: A neighbor decided to level all the bamboo we had on our lawn that has been growing for years

All the bamboo was on our side of the property line. They had hired someone to cut it but the person either was not with a company or refused to say the name of the company

Charles M.  Baron
Charles M. Baron
answered on Mar 27, 2023

The neighbor is legally responsible. Get an estimate for bamboo from a nursery and demand the neighbor to pay it. If it's no more than $8,000, you may sue in small claims court and probably would not need an attorney.

1 Answer | Asked in Land Use & Zoning, Libel & Slander, Real Estate Law and Tax Law for Florida on
Q: Can I do a counter claim against the personal rep over a Estate ?

My Aunt ( Linda ) passed away with NO kids or husband, her mother was alive (at the time) Linda, had no Will, in Polk County. Therefore I was told this estate rolled into my grandmothers Estate ( Marcele ) in Hillsbrough County. My Uncle ( Joseph ) told me that I did not have to worry that all I... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 4, 2023

The advice that you need is obtained by scheduling a consultation with a probate attorney. If you have inheritance rights that are being disregarded, you may contest the probate case. Act quickly.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Civil Litigation and Energy, Oil and Gas for Florida on
Q: Do I have any recourse against a neighbor who installed solar panels on their roof which now causes glares into my house

At certain times of day I get a blinding glare from the sun’s reflection off their solar panels resulting in loss of use of my kitchen, breakfast nook, living room and patio. HOA says the laws are on their side and the homeowner will not do anything as their installer claims this would reduce... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 28, 2022

Draw the blinds? You have no options against the installer. It's remotely possible you have a claim against the homeowner. You'd have to retain an attorney to research the law to determine if you have a case.

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