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Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Florida on
Q: property line on single family home I disagree with the county
Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

You have not given enough information.

1 Answer | Asked in Entertainment / Sports and Land Use & Zoning for Florida on
Q: Is it legal for me to ride my dirtbike in my neighborhood?

I have a 125cc dirtbike that cannot go really fast. I live in a pretty laxed equestrian neighborhood. The roads are gravel with no line markings or anything, but isn't rural. I am very confused on the laws in my neighborhood. There is no sign that specifically targets golf carts, but a street sign... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 7, 2020

The statute doesn't apply; your bike is not an ATV (which would not be "street-legal" but nevertheless can be operated under the enumerated conditions).

For the local laws you would have to ask somebody in your locality..

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: In the context of a condominium, what is the definition of a single family residential dwelling?

The condominium docs specifically state "each of the units shall be used and occupied only as a single family residential dwelling by the unit owner, members of his family, his guests, invitees, and lessees and, in the case of lessees, their families, guests, and invitees. Numerous owners who rent... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

The definition should be in the documents. But it appears that the quoted language contains inherent ambiguity. The association needs to look into clarifying the documents, if possible. If that's not possible, litigation might be in order.

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1 Answer | Asked in Animal / Dog Law and Land Use & Zoning for Florida on
Q: i am zoned for 5 animals at my specific address. can dcf legally tell me that i can only have 4.

none of my animals are sick and my child isnt sick. can you supply a specific law that covers this?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

All "zoning laws" allow you to keep some number of animals at you address are local ordnances, not laws. Whenever the health, welfare and/or safety of children is an issue the Florida DCF has superior state law jurisdiction and the authority under Florida law to protect all children everywhere.... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Does restricted use of private property fall under the Fifth Amendment protection?

The Rookery Bay Aquatic Preserve acted in 1978 to restrict certain homes on Marco Island from having a dock more than 160 square feet. These homes are a very small percentage of the total number of homes on Marco and almost every home on Marco has a dock and a boat. The restriction placed on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 21, 2019

It looks to be more an equal protection issue than a 5th Amendment "Taking Clause" issue (and the comparable provisions of the Florida Constitution). Depending upon how much the regulation affects land values, it might be cost-effective to pursue.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: What is the legal definition of 'Fish Processing' for Florida?

The County that I live in does not have a definition. How do I petition the County to adort a definition?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2019

How does it affect you? Is "fish processing" regulated in your location and are you arguably subject to such regulation? I see that you picked the "Land Use & Zoning" topic; if you don't think the zoning regulations apply to you, start by talking to a code enforcement officer and take it from... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: what happens if someone builds on your land with no permission in Puerto Rico?

My mother and father bought land over 20 years ago and it only has a fence around the land. We just found out last night that one of our relatives passed by and saw that someone is constructing a home on it. We have the deed and survey on the property.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

You should ask this question in Justia › Ask a Lawyer › Puerto Rico ›. But you need to contact an attorney there; a Florida attorney probably can't help you.

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
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
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
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
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
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...
Read more »

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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
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
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
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
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
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
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
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
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 »

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