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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: My brother owns cows that are on my land and he has been inviting people to see them.If someone gets hurt can they sueme

I'm worried I can be held liable since it's my land

Anthony M. Avery
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answered on Jan 8, 2024

Yes.. A proper tort suit would join all interested parties as defendants, especially since comparative negligence applies and execution on land is possible.

Q: Can a town claim a resident owns a brook that runs 4 miles through town if it’s connected to a state park?

We want to appeal this as the brook is connected to another road and we are being charged property tax on the brook and the land on the other side connected to another street. We were forced to purchase flood insurance and the trees that run along this water source are beginning to fall which could... View More

Anthony M. Avery
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answered on Jan 8, 2024

Start looking into this by hiring a CT attorney to search your title, and possibly some upstream/downstream properties. If you are being assessed for something you do not own, complain to the tax authority for the

County.

1 Answer | Asked in Estate Planning, Real Estate Law, Land Use & Zoning and Probate for Puerto Rico on
Q: Father past. Mother alive. There's five siblings. Property in an incorporation. After Mother passes who keeps property?

My parents have a property in Puerto Rico. There's five siblings. Father past away Mother is still alive, who's it belong to? The property is also in an incorporation. One sibling is president in the corporation, my Mother is vise-president and I'm secretary. Should this sibling pass... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Jan 8, 2024

The property will still belong to the corporation. As a rule, when a stockholder dies, his/her shares pass on to his/her heirs, unless an existing stockholders' agreement signed by them state otherwise.

1 Answer | Asked in Real Estate Law and Land Use & Zoning on
Q: Good day, Atty.! What other documents can we support to get an affidavit on the discrepancy of name in land title?

The name of the owner indicated in the deed of sale (without “Jr.”) is also the same with what is indicated in the Land title (without “Jr.”). However, the correct name should be with “Jr.”.

Thank you so much for the help. God bless!

Anthony M. Avery
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answered on Jan 3, 2024

You will need to file suit to reform the deed. It will require notice to all interested parties, possibly by publication.

1 Answer | Asked in Land Use & Zoning and Probate for Georgia on
Q: farmland in probate,no will. If agreement was to sale all cattle,but brother keep cattle. How is farmland vs other ,diff
James Clifton
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James Clifton
answered on Dec 21, 2023

If there was no will, all property of the deceased should be sold and the proceeds divided among the heirs according to law. No heir has rights to property at a higher priority than any other heir. Schedule a free consultation to make sure your rights are protected.

1 Answer | Asked in Land Use & Zoning, Animal / Dog Law, Business Formation and Business Law on
Q: How far can I build a chicken farm of 10,000 chickens from a residential house that is not my own, in Dominican Republic

A que distancia yo puedo construir una granja de 10,000 pollos de una casa residencial que no es mia?

Tim Akpinar
Tim Akpinar
answered on Dec 16, 2023

It may be difficult to get guidance for this on this forum, as it looks like it will involve the laws of the Dominican Republic. This forum deals mainly with U.S. law and courts. If you could consult with an attorney who deals with land use and agricultural matters, they might be able to offer... View More

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: I have new neighbors...been fighting with them over the property line...I had it surveyed!!! they took down a fence that

was on the property line...they beat the crap out of me cause I kept telling them to get off my property...been to court 3 times and again this next Tuesday...I put up another fence..One foot off the property line so they couldn't do anything to the fence...I s that one foot still my property?... View More

Anthony M. Avery
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answered on Dec 14, 2023

That is a Boundary dispute. Hire a competent attorney to file suit immediately. Your surveyor will be your expert witness. Both lands now have clouded titles.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: Someone is letting my wife live in there mobile home. But it sitting on my wife’s land. Can he evict her from the home?
Anthony M. Avery
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answered on Dec 12, 2023

No... But the owner can take the MH away.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Business Formation for Michigan on
Q: Is there a minimum size of land requirement for a private particle accelerator laboratory?

Research and development physics laboratory that would include particle accelerators. For the state of Michigan

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

Zoning requirements vary depending on WHERE in the state you are. Your best bet is to contact a local lawyer to provide specific information for the city/township where you are interested in building.

That said, there are LOTS of legal issues before building a complex thing like this, and...
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1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Does a final ; semicolon in a clause bring in all prior definitions? Confused on punctuation and grammar.

“Street” means a right-of-way, easement or prescriptive right-of-way dedicated to, and under the authority of, the City of X; a State highway; a private road, easement, or prescriptive right-of-way; and which is customarily used for automobile travel and for providing vehicular access to... View More

James L. Arrasmith
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answered on Dec 9, 2023

In legal writing, the use of a semicolon in a clause like the one you've described typically functions to separate items in a list that are all governed by the opening statement of the clause. In the definition you provided for "Street," the semicolon is used to list different types... View More

1 Answer | Asked in Real Estate Law, Civil Rights and Land Use & Zoning on
Q: What is the laws surrounding abandoned property or land or dilapidated property in South Africa.

I have found property in my city that's unused, dilapidated and abandoned. I can't afford my own property and would like to either claim the above mentioned property or purchase it over a period of time.

Anthony M. Avery
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answered on Nov 30, 2023

You will have to contact an attorney in South Africa.

1 Answer | Asked in Family Law and Land Use & Zoning for Michigan on
Q: Can heir property be divided by percentage and owned separately by the family, even if the will says to be in unison?

I ask this due to certain family members getting in the way of decision making, payments etc.

Brent T. Geers
Brent T. Geers
answered on Nov 28, 2023

Yes, particularly when there is agreement to an equitable division by the heirs. In fact, typically it is wiser to do things that way, and people should plan their estates with that in mind, especially when dealing with real estate.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I have 10 acres of land I've had an easement for years it's the only way I can way I can get to my land.My grandma owned

The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.

Anthony M. Avery
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answered on Nov 15, 2023

That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.

1 Answer | Asked in Business Law, Land Use & Zoning and Municipal Law for California on
Q: Can a fitness center (commercial gym) have a business license with a residential address?

If a gym owner is evicted from the commercial space and no longer has an address zoned for commercial use, does this negate the business license?

James L. Arrasmith
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answered on Nov 11, 2023

In California, a business license can technically be registered with a residential address, but this does not automatically allow a commercial operation like a gym to function in a residential area. Zoning laws, which vary by locality, determine what activities can occur in a residentially zoned... View More

1 Answer | Asked in Contracts, Real Estate Law and Land Use & Zoning for Texas on
Q: Proposition 1 that just passed in Texas reads like it would override deed restrictions in neighborhood HOA's. True?
John Cucci Jr.
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answered on Nov 9, 2023

Be careful with Prop 1.

It grants a Constitutional right to landowners to conduct farming and similar activities without regulation from local municipalities. This is different from DEED RESTRICTIONS.

If your property is part of a subdivision, which is restricted by a deed that...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning, Real Estate Law and Municipal Law for Georgia on
Q: What are the rules of property boundaries in the city of Rincon and state of georgia?

My Difficult neighbor is trying to state that where the boundary line begins/ends to My property actually is 5 to 7 feet away from the rock That has been placed as a marker by the surveyors of plots/property ownership, Hence saying that I am unable to put a fence up where the actual block to divide... View More

James L. Arrasmith
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answered on Nov 7, 2023

Property boundaries in Georgia are generally determined by a recorded plat, a legal land survey, or the property deed descriptions. If there is a dispute about where the actual boundary lies, it's usually necessary to get a new survey conducted by a licensed land surveyor. In Rincon, as... View More

Q: What can I do about a neighbor wearing a gun, coming to the property line and telling me what I can't do on our property

Neighbor wearing gun says blackberries and trees on our property can't be cut. We can't even cut branches overhanging our driveway. Happens both 3 and 30 ft away from property line. He said the drain ditch that traverses both properties will collapse and it's protected. The nearest... View More

Cristine Beckwith
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Cristine Beckwith
answered on Nov 2, 2023

Sorry to hear. A civil anti-harassment protection order is a common remedy for a neighbor dispute involving unwanted and threatening contact. A good attorney will give you the best chance of getting the order issued.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Texas on
Q: Easement and Manhole not disclosed but paid 16k lot premium

We got a new construction home. The lot plan was not shared during our initial contract signing not there was mention about easements and manhole in yard. Top of it, we paid 16k lot premium. Not happy and feel cheated. Can i take legal action?

John Michael Frick
John Michael Frick
answered on Oct 27, 2023

If the easement is not within the exceptions noted on your title insurance policy, you should file a claim.

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