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Florida Land Use & Zoning Questions & Answers

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning for Florida on

Q: Good afternoon Homeowners Association retaliated after catching their HOA maintenance in my property using my water

The whole scenario changed. From sending a bill from their lawyer because of at that time I was replacing my fence and it was installed improperly and( Code Enforcement gave me 6 months to replace my fence ) This year I sent my HOA dues, only to receive back the same envelope, and my check? Sent... Read more »

Terrence H Thorgaard answered on Sep 13, 2019

If you have a question to be answered, please ask it. At the same time please review what you write before you post it so that it is coherent.

1 Answer | Asked in Land Use & Zoning for Florida on

Q: How do I add myself to my Grandmothers Deed?

My living Grandmother wants to add me to her land deed. I want to build on the land. The land is in Puerto Rico. My granny lives in Florida. She wrote a statement stating her wishes and gave me the actual deed. However, I did not get her statement notarized due to lack of time. What are my next... Read more »

Terrence H Thorgaard answered on Aug 28, 2019

In most places she should execute a new deed from herself to herself and you. But to be sure it's done right yes, get an attorney in Puerto Rico.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Florida on

Q: My grandmother is passing down her small land in Puerto Rico; to me and she lives in Florida. What do I need to do?

Can a lawyer in Florida help? Could I do this on my own?

Charles M. Baron answered on Aug 15, 2019

Your question is vague as to what you mean by "is passing down" the property. Is she living and wishes to make an estate plan for passing of her property after death? Is she living and wants to convey it to you right now? Is she dead and arranged for it to pass to you in a Will, Trust, or Deed?... Read more »

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1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on

Q: My friend is having trouble with is old roommate he lives in Flordia, He has already moved out can he break the lease?

His roommate is threatening to sue him, but both of them are on lease and I was wondering if he can break his half of the lease cause both names are on it.

Charles M. Baron answered on Aug 15, 2019

There's no such thing as "his half of the lease" - unless the lease specifies that each tenant is responsible for only half the rent, which is extremely unlikely. Usually, all tenants named on the lease are jointly responsible for the rent. That means if one takes off and refuses to pay his/her... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on

Q: Purchased Property from DR Horton found out that 10 of back property is public. is this fraud

There is a fence around the parameter of the complex and it was presented as the whole lot was ours. in fact, it was presented as a premium lot that would be easy to fence in because of the back fence already being there. I spoke with neighbors and no was aware that there is a 10ft strip of public... Read more »

Seril L Grossfeld answered on Aug 14, 2019

Normally when you buy real property there is a title search and survey to check these things, at least you would have if you had an attorney represent you in the transaction. Did you get a title insurance policy when you purchased the property, you may be able to make a claim.

You are...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on

Q: Can we be locked out of our property by a family member who purchased the property from our parents 55 years ago?

My sister and I inherited property from our parents in 2001, previously (55 years ago) our dad sold a parcel of the property to his nephew and I guess with a good ole boys handshake ingress and egress was granted to our parents. The county has also made part of the road a county maintained road,... Read more »

Terrence H Thorgaard answered on Jun 28, 2019

Yes, you may have an easement by necessity &/or a prescriptive easement. Check with an attorney.

1 Answer | Asked in Consumer Law, Land Use & Zoning, Landlord - Tenant and Small Claims for Florida on

Q: Can my landlord put me out that’s because I asked him to fix repairs

Charles M. Baron answered on May 17, 2019

That is not a legal reason to evict. The landlord's rights to terminate your tenancy are based on the terms of your written lease. If you happen to have a month-to-month tenancy based just on a verbal agreement, he may terminate the tenancy anytime he feels like it (and doesn't need any reason),... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: I have recently bought a piece of land in ferdendina beach ( Old nassuaville road ) it is an open rural plot of land .

I planned on building a 3 bay detached garage first to allow me to store furnishings from my house in jacksonville cost savings there will be a fair amount if I can do this , I am being told I cannot do that the house needs to be built first . the first question I asked after being told that was... Read more »

Terrence H Thorgaard answered on May 17, 2019

Depending on the local zoning code, a stand-alone garage may not be a permitted use. See about getting a building permit for the house and garage, and simply build the garage as the first phase of the plan. The permit might require you to complete the entire project (house and garage) within a... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: How to remove a abandoned broke down car my son left on my property without a title.

Charles M. Baron answered on Mar 28, 2019

This is not a land use & zoning question; it's more of a general practice question. I assume your son is an adult. The first thing that should be done in this kind of situation is to attempt to confirm the abandonment in writing, to avoid any potential claims of you causing a loss to the other... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: How to remove a abandoned broke down car my son left on my property without a title.

Terrence H Thorgaard answered on Mar 28, 2019

Have it towed.

1 Answer | Asked in Animal / Dog Law, Land Use & Zoning and Personal Injury for Florida on

Q: Our association has a twenty-five pound limit on dogs. Can a young healthy girl bring in an 80 pound service dog? WPB

The dog is a vicious German Shepard that tries to go after the neighbors

Charles M. Baron answered on Jan 19, 2019

If it's truly a certified service dog that serves the girl, yes, she has the right to have such a dog at ANY weight. HOWEVER, service dogs are NEVER vicious! They are trained to be very tolerant of people and dogs. Therefore, sounds like there is fraud going on, and there should be a legally... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: Can the Power company refuse to provide Power to our house under construction if we do not sign an Easement.

Lot was purchased in 2015 and there were No Easements in the Title nor Plat from 1928. Had there been any, we would not have purchased as it's a small property.

Note the Easement is only needed to allow them to keep the existing Pole and Power cables running through the rear of our... Read more »

Terrence H Thorgaard answered on Jan 14, 2019

Yes, the power company can refuse to supply power if it doesn't have an appropriate easement.

1 Answer | Asked in Land Use & Zoning for Florida on

Q: I own land that's protected by the government. What can or can't I do with it?

Charles M. Baron answered on Jan 4, 2019

That depends on a host of factors, including the applicable zoning code, environmental regulations, and whether the local government is treating you equally to those with a similar type of land. The first step is to ask your local Planning & Zoning officials. If you don't like their answer,... Read more »

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Contracts for Florida on

Q: Is there a way to word an Easement Agreement so that the Dominant Tenant is responsible for County taxes in that area?

The Dominant Tenant had a well put in the access area he is afforded by the state of Florida for ingress and egress only and against my verbally telling the Well Company and the Well Permitting Office, that the well was was happening on the wrong property, even before the permit was issued. I... Read more »

Terrence H Thorgaard answered on Dec 10, 2018

Yes, it appears that all of this can be done in a properly-worded agreement. But you need an attorney to be sure that it is done properly.

1 Answer | Asked in Land Use & Zoning for Florida on

Q: Can a city put a sidewalk in front of my house on a right of way it encroaches on my property and increases crime risk

It also decreases the aesthetics of my house

Charles M. Baron answered on Dec 7, 2018

I think you answered your own question. You said it's on the right-of-way, which means the right of the public to go on their way on that land. If it's indeed the right-of-way, you most likely can't mount a legal challenge. However, you and your neighbors can try complaining to the city council... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on

Q: My neighbor's huge tree is now leaning onto my garage.

How much notice do I need to give him before I just saw it down myself?

Charles M. Baron answered on Nov 23, 2018

Before doing anything, you should confer with your neighbor to attempt to reach agreement on it. Though I suppose he'll not wish to move the intact tree away from your property, you need to confirm that. If he won't cooperate by either moving the tree or having you, him, or both saw it, my next... Read more »

1 Answer | Asked in Civil Litigation, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on

Q: Was served a termination of lease my landlord. She hassaess my wife and I since moving into these apartments. Help!

I recently lost my job due too Hurricane Michael. We are in a same sex marriage. The landlord has not made any further repairs to the unit in a year. The apartment complex accepts Section8, HUD, and Income based residents. The landlord has done unlawful background checks on my wife and myself. The... Read more »

Griffin Klema answered on Nov 14, 2018

I suggest finding help at your local courthouse or law library that may be able to assist with a landlord-tenant clinic or pro bono. Good luck.

1 Answer | Asked in Land Use & Zoning for Florida on

Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?

Charles M. Baron answered on Nov 4, 2018

You question is a bit vague. You seem to be asking, "If my current local zoning law prohibits vacation rentals in my building, is there something I can do to change that and/or to challenge it in court?" If that's the question, the answer is yes to CHANGING it, but only by persuading your local... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on

Q: Land Parcel combination. Property Appraiser said OK and combined it. Now need to show “Unity of Title”. Can I use QCD?

Purchased a land parcel and it consisted of 4 parcels (all contiguous). Looking to develop/build small rental apartments and city will allow. City asked that we combine the parcels and we went to the Property Appraiser and they approved the combination. Now we are plan review with the city and... Read more »

Terrence H Thorgaard answered on Oct 11, 2018

Yes, a quitclaim deed has the same effect as a warranty deed except that the grantor(s) are not saying that they necessarily have clear title. You really should get an attorney in on this; your question suggests that you don't have the necessary knowledge to do this correctly.

1 Answer | Asked in Land Use & Zoning for Florida on

Q: My brother has passed away, he owns a (1) lot on Lutz, Fl. The house will have to be torn down-

I would like to rebuild a small home- I’ve been told that the laws have changed- although after his purchase years ago...

Legally, can I rebuild a home?

Terrence H Thorgaard answered on Sep 27, 2018

One would have to know a lot more information, but in general yes, if you comply with the zoning and building code requirements. They can't prohibit you (assuming you inherited it from your brother) from using the lot for anything.

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