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Florida Land Use & Zoning Questions & Answers
2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Linda Liang
Linda Liang
answered on Jun 19, 2024

The answer to this question depends on whose property this road is to cross. If the property belongs someone else, you have to obtain an easement, right to use, from the owner. If the property belongs to the city, you may want to talk to the city.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 19, 2024

Assuming that there is a publicly dedicated right-of-way, the local government may or may not have a plan to build a road. Or, when the property was subdivided, they might have required the developer to build a road. As indicated, you should check with the county or other local government.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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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.

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