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Florida Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Florida on
Q: What actions can I take against a neighbor who has placed items on my property?

I purchased a piece of property to build a new home, we have closed and the deed has been filed. The neighboring lot is also building a new home and their contractor has placed a dumpster and the spoils from digging a pool on my property without permission. How can I force them to remove it... Read more »

Linda Liang
Linda Liang answered on Jan 10, 2022

Trespass. You can sue them for trespassing.

2 Answers | Asked in Foreclosure, Land Use & Zoning and Real Estate Law for Florida on
Q: My mom died June 17 I’m staying in her house with her husband and her brother. I have been paying the mortgage on time

Her husband is money hungry and wants to sell the house. She left a will I just found leaving everything to me what can I do thanks also husband signed a paper saying he does not help her with the mortgage at all please help

Jane Kim
Jane Kim answered on Dec 15, 2021

You must get a probate attorney and probate the will.

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1 Answer | Asked in Real Estate Law, Agricultural Law and Land Use & Zoning for Florida on
Q: Do the 7yrs in adverse possession claim in Florida starts the date of actual possession or the date you file the claim?
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 19, 2021

The date of actual possession.

You refer to Florida Statute 95.18 Real property actions; adverse possession without color of title (one of the two adverse possession statutes in Florida):

"(1) When the possessor has been in actual continued possession of real property for 7...
Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Limitation on parking due to zoning.

I live in Palm Beach County Florida and my landlord stated that the property is only zoned for 18 parking spaces. The building is classified as a multi-family dwelling and is 17,971 square ft. The lot is 1.53 acres

20 apartments with two bedrooms each.

Ample space for parking but... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2021

You had best ask this question of the county planning and zoning agency.

1 Answer | Asked in Intellectual Property, Land Use & Zoning and Real Estate Law for Florida on
Q: My dad an stepmother bought a piece of property together some years ago,she wanted to build a house on it.

My dad didn't want to put any money in the house to be built,so he did not. About 2yrs went by an my father took a nasty fall down the balcony stairs one night an now he has neurological problems an of course on medication. One evening i looked up the property an it use to be in both there... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 28, 2021

It wouldn't be your "inheritance" until he were to die. But you could talk to an attorney about possibly becoming his guardian and asking that the deed be set aside.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: My Grandfather fought in court for his land since he had since he was 16. He built a small house there.

Then met my grandma and had 4 kids (never married). They broke up when my mom was in her early teens. He moved in with an other woman. Years later my grandma passes and his son lived in the home on and off. In Vieques there was some property thing that happened and his son put his name on that... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 5, 2021

So you're talking about property in Vieques, Puerto Rico? If so, you must consult an attorney who is a member of the Puerto Rico Bar Association (either a lawyer in Puerto Rico or one who is a member of that Bar but practices elsewhere). Also, even if you were talking about property in... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: Me and my dad Signed a one-year lease at an apartment complex he’s not wanting to pay rent next month
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 24, 2021

If the rent isn't paid, the landlord can evict both of you, if that's what you wanted to ask.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: 3 of my 6 acres has been used by a neighbor for timber sales without my knowledge. Property is also landlocked. Options?
Charles M.  Baron
Charles M. Baron answered on Sep 9, 2021

So you're talking about theft of your timber? If so, the options would be to call the police to initiate criminal charges and/or to file suit for your economic losses. Don't know why you think being landlocked is an issue.

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1 Answer | Asked in Land Use & Zoning for Florida on
Q: I'm not sure what to say , I sent you a email not long ago . I'm 70yrs old and I own my house an land.

I've been served papers from the owner next-door to me is suing me about my property. there's a lot more issues with this.

Charles M.  Baron
Charles M. Baron answered on Sep 7, 2021

If you mean you directly sent an email to someone about your legal issue, you cannot re-contact that person by posting to the Justia site. You instead must contact that person directly. Or do you instead mean you previously posted your issue on the Justia site but no one responded? If you mean... Read more »

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am in Florida. When i bought my house the property was fenced. This occurred in 1993. A person moved behind me and has

Lived there since 2013, but never said a word. Now, after cutting all the plants she had, she claims part of my fence was in her property. I paid for a survey and indeed a portion is, which means i would have to tear all lighting, palms, etc. Does the adverse possession law apply since she never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 31, 2021

Probably, yes. Florida Statute 95.16 provides as follows (in pertinent part):

"Real property actions; adverse possession under color of title.—

(1) When the occupant, ... entered into possession of real property under a claim of title exclusive of any other right, founding...
Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a manufactured house dealer force receipt of a house without them first getting a permit or us having the space?

Last month it's discovered that the easements require a 100' setback, not the 50' that shows up on the survey we were given by the seller which makes it impossible to build anything without a variance.  Got the meeting for that, all is well, hearing set for mid Sep. Friday my... Read more »

Jane Kim
Jane Kim answered on Jul 24, 2021

Your written agreement with the house dealer should have all the answers.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: If there are multiple owners of a property, can one or two people do a quick claim deed for their portion

THERE ARE 45 OWNERS OF A PIECE OF PROPERTY, SOME WOULD LIKE TO SIGN IT OVER TO THE CITY WHERE WE LIVE. SOME DO NOT. CAN SOME PEOPLE DO A QUICK CLAIM AND BE FREE OF ANY OWNERSHIP/LIABILITY? OR MUST EVERYONE DO A QUICK CLAIM?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2021

Perhaps. How was this divided ownership come into existence? And what sort of potential liability are you concerned about? Strictly speaking, the grantee (the city) would have to accept the gift to make it complete.

It's "quitclaim", by the way; it means to surrender or...
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2 Answers | Asked in Land Use & Zoning for Florida on
Q: Are they any lawyers on the pro bono list of lawyers whom handle very bad neighbor issues, involving a series of events?

Neighbor issues of on going events of harassment since December 19th-2020 to current. Some involves a fence I paid for $600.00 as I want reimbursement for all the emotional distress and damages he has done to the fence.. He has carpet tacks which he furiously bashed them to fence all across top and... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 18, 2021

There is no "pro bono list of lawyers". I suggest you schedule a consultation with a general practice attorney in your area to at least obtain advice, if not also representation that should start with a cease & desist letter.

If you cannot afford to consult or hire a lawyer,...
Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can a Florida HOA issue an amended approval a month after they approved something without the homeowners requesting it?

Our Florida HOA approved and certified our application for a tan fence even though our community guidelines call for white. A month later our fence co contacted the HOA telling them they approved a tan fence, at which time the HOA issued an amended approval for white fencing. Can they do that?

Barbara Billiot Stage
Barbara Billiot Stage answered on Jun 13, 2021

If the fence hadn’t been installed yet, yes, they can correct their error. If the color wasn’t clear from the application, the HOA might be able to amend approval even if the fence was installed. If it was clear from the application the fence was tan, you asked for a variance and you installed... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How do you go about finding pieces of property that are in disrepair or undeveloped and fix up and aquire it free
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 9, 2021

If you are asking about "squatting" (occupying property knowing it's not yours), you can't acquire title to it free of charge.

1 Answer | Asked in Business Law, Contracts, Real Estate Law and Land Use & Zoning for Florida on
Q: If a company donated land to build a library with a reverter clause in 1979, would it be void in 2021 based on this law?

A new library was built in a new location to replace the old one. Just curious to see what could happen to the old library since it has a reverter clause.

Charles M.  Baron
Charles M. Baron answered on Feb 25, 2021

You ask if it would be void "based on this law", without saying which law you are referring to. Did you leave something out, or did you mean to ask if there is any law that would void it out? I suggest you re-phrase.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I live on what is considered a private road that the county and city says they wont maintain. Can i closed this off ?

To the public from accessing it? Or make my neighbors help pay for maintenace?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2021

You might get away with putting up a gate if you give the others keys. But it is doubtful that you can require them to help maintain the roadway.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: While digging, we broke our neighbor's new sprinkler system, which was unknowingly routed onto our land. He wants 2 sue?

There is no easement in place for it on my survey at all since it's brand-new, nor was there one for the previous owner of his home even if it wasn't new. According to our survey, it's 100% no doubt about it on our property. We have been nothing but nice and willing to work with him,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

And you want to know if you are liable? No. But if he does sue, ask your homeowner's insurance company to take care of it. by getting an attorney for you.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Can I have legal/financial problems for not paying taxes on vacant land lots?

Can I have legal/financial problems for not paying taxes on vacant land lots ( Seabring, Highland County, Florida) that my ex-husbands purchased back in 2004 on my name? I stopped paying taxes and other fees on this lots 6-7 years ago, and worry if eventually county can put lean on my house that is... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Feb 1, 2021

The county can auction off the property for unpaid taxes in a tax deed sale. Your bigger concern is if there are any code enforcement violations which have generated fines. If Code Enforcement issues fines it can record liens which attach to any property you own. You also have liability if... Read more »

1 Answer | Asked in Environmental and Land Use & Zoning for Florida on
Q: What law or regulation is allowed or not allowed to install water parks on public beaches in Florida?

What law or regulation is allowed or not allowed to install water parks on public beaches in Florida? Where can I find this document? Which service in the state government issues permits for such business.

Tim Akpinar
Tim Akpinar answered on Jan 20, 2021

A Florida attorney could advise best, but your question remains open at this point. You would probably need to look through various laws on the federal, state, and local level that address land use and zoning. And even then, things like this might not be expressly addressed, but implied, simply by... Read more »

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