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Land Use & Zoning Questions & Answers
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.

1 Answer | Asked in Estate Planning and Land Use & Zoning for Mississippi on
Q: Hello, what is the process to heir property in MS??

Currently there are 3 siblings, we agree to have the land placed in the youngest name. However, now we need to know how to have the property in all of ours name in case she gets married.

Anthony M. Avery
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answered on Oct 25, 2023

Apparently the heirs have not come to an agreement. Hire a MS attorney to search the title, determine heirship, and either draft a deed according to your wishes or sell the property.

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: what are the requirements to establish someone as legal proxy in real estate matters in the state of Georgia?
T. Augustus Claus
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answered on Oct 23, 2023

To establish someone as a legal proxy for real estate matters in Georgia, you typically need to follow these steps:

1. Execute a Power of Attorney (POA): The principal, the person granting authority, creates a POA to designate an agent or attorney-in-fact to act on their behalf in real...
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1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law and Land Use & Zoning for California on
Q: Had a warrant 2021 for cultivateing was charged a misdemeanor and fined $60,000 that setted for $16,000 put lien on prop

Property for having 325 plants had two permits for up to 99 plants they confesscated all plants

James L. Arrasmith
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answered on Oct 21, 2023

If you had two permits allowing for the cultivation of up to 99 plants each but were found cultivating 325 plants, you exceeded the allowable amount by 127 plants. This excess could be the reason for your misdemeanor charge and the associated fines.

The confiscation of all plants,...
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1 Answer | Asked in Land Use & Zoning for Arizona on
Q: What do you do if your neighbor built a fence right on your property corner without asking ?

We had our property line surveyed and the neighbors fence is right on the corner.

T. Augustus Claus
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answered on Oct 18, 2023

In Arizona, if your neighbor has built a fence on your property without permission and a survey confirms the encroachment, start by discussing the issue with your neighbor and sharing the survey results. If that doesn't resolve the matter, consider mediation. For personalized legal advice... View More

1 Answer | Asked in Real Estate Law, Construction Law, Land Use & Zoning and Municipal Law for California on
Q: Do unpermitted units (no occupancy release) that were rented out before need to be replaced under CA SB330?

I own a legal duplex (in the title) that has 2 unpermitted units. One of the previous owners created those 2 unpermitted units from one of the duplex's interiors a long long time ago and rented them out. The previous owner (the one who sold the property to me) went through tenant relocation... View More

James L. Arrasmith
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answered on Oct 15, 2023

California's SB 330, also known as the Housing Crisis Act of 2019, aims to expedite housing production and prevent the loss of existing housing stock. Under SB 330, local agencies are restricted from reducing the number of housing units on a property, even if some units are unpermitted.... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: I have a commercial building with permitted use as office space. Can it be rented out for meetings, birthdays?

Are there code enforcement fines if is not considered correct use?

James L. Arrasmith
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answered on Oct 14, 2023

In California, the specific permitted uses of a commercial building are generally determined by local zoning ordinances and the Certificate of Occupancy issued for the building. If your building's permitted use is "office space," using it for meetings would typically be consistent... View More

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for California on
Q: I lived on property for eight years. The man I rented from , is now dead but I found out he didn't own the land I lived

on. I payed rent for 8 years , and he wasn't the real property owner. So after he died , the family wanted to sell the property I was renting and tried evicting me off of the property but like I said , it wasn't his property to begin with. The property I rented was right next door to the... View More

James L. Arrasmith
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answered on Oct 12, 2023

In California, if you've been paying rent to someone who was not the actual property owner, it complicates your tenancy. The true owner, or their heirs, generally have the right to evict occupants who don't have a valid lease with them. However, given the length of your occupancy and... View More

1 Answer | Asked in Civil Litigation and Land Use & Zoning for Alabama on
Q: Can I have a car towed from out front of my house? Can I post a No parking sign towing at owner’s experience?

My neighbor has a fence and his grandkids are parking past the fence which is the property line out in front of my house.

John Michael Frick
John Michael Frick
answered on Oct 10, 2023

As long as they are parked ON YOUR PROPERTY and not on a public roadway, you can refuse to allow them to park. But you don’t own a public roadway even if it is in front of your house.

1 Answer | Asked in Gov & Administrative Law, Land Use & Zoning and Municipal Law for California on
Q: Citations were imposed on property i mantained & paid taxes on since 2015 .Jan2023 case 10,000 pro bono lawyer needed

Citations were imposed on property i have mantained & paid taxes on since 2015 . On Jan2023 case was initiated by complaint by neighbor stating living in rv . Code inspector began notice to abate & has cited every 10 days without fail eventhough i asked & he sgreed to give me time to... View More

James L. Arrasmith
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answered on Oct 10, 2023

If you've maintained and paid taxes on the property since 2015, you may have grounds to assert a claim for adverse possession provided other specific requirements are met. Adverse possession in California requires open, notorious, continuous, hostile, and exclusive possession for a period of... View More

1 Answer | Asked in Contracts, Land Use & Zoning, Real Estate Law and Landlord - Tenant for California on
Q: Is a rental contract legally binding if the unit it is for is an illegal dwelling/not properly permitted?

Unit is located in UNINCORPORATED part of LA County, there is an order from Regional Planning requiring unit to be vacated due to: One or more unpermitted dwelling units are being maintained on the premises (Los Angeles County Zoning Code: 22.02.030(B); 22.18.020; 22.18.030(A); 22.18.030(B);... View More

James L. Arrasmith
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answered on Oct 9, 2023

In California, a rental contract for an illegal dwelling or unpermitted unit can present complexities. While the rental contract itself may be a legally binding agreement between the parties, its enforceability could be limited or affected by the unit's illegality. If a unit is illegal or not... View More

1 Answer | Asked in Land Use & Zoning, Libel & Slander and Municipal Law on
Q: Do authorities have to notify public when public right of access reservoirs are drained?

Two people died on day of drainage, authorities say they are not liable. Lake Parris

Tim Akpinar
Tim Akpinar
answered on Oct 8, 2023

A California attorney could advise best, but your question remains open for four weeks. I'm sorry for this terrible accident. Until you're able to consult with a local attorney, you could check laws that govern water resources and the applicable agencies. Good luck

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant on
Q: What can I do to get a land owner to pay for service rendered? No contract only texting me.

I've worked for 10 weeks, put in over $20,000 in the job, and once I got the lease from the lawyer I was told to vacate the property. I also live on the property and he had the police tell me that I would be trespassing in 24 hours.

Anthony M. Avery
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answered on Oct 5, 2023

Hire an attorney to sue for your services rendered, at least in quantum meruit. Until you are served with an action for possession, you might stay there. Then you go to Court. Ultimately you will lose possession, but you will cost the owner time and money. If you get a Judgment for money,... View More

2 Answers | Asked in Estate Planning, Family Law, Land Use & Zoning and Real Estate Law for Mississippi on
Q: Can my father sell his partitioned land that he inherited from his parents through a reserved life estate to his sister?

My father inherited 10.13 acres of land from his parents through a reserved life estate and my sister and I were to inherit the land after his death but instead without our knowledge he sold it to his sister. What rights do I have at this point and what should I do, is what he done even legal in... View More

Anthony M. Avery
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answered on Oct 5, 2023

I think that you have the title a little mixed up. Hire a MS attorney to search the title and then advise you of the status. He probably can sell his estate in the land.

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1 Answer | Asked in Land Use & Zoning, Real Estate Law, Business Law and Municipal Law for New York on
Q: Lying about square footage of commercial real Estate. The high profile case involving fraud. everyone on loopnet do it

There's a certain ex president that is being tried on fraud about lying about the square footage of their comercial realestate. but Louis Rossman exposed this SOME time ago that you can go anywhere on loopnet and show that commercial realestate listings and they lie about it all the time.... View More

Jack Mevorach
Jack Mevorach
answered on Oct 2, 2023

Have a free telephone consultation with counsel.

Jack

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Arkansas on
Q: I'm looking for a pro bono individual rights attorney

It's ever a property case for a gentleman has put up a fence and is trying to steal my mom's property

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2023

An Arkansas attorney could advise best, but your question remains open for a week. At this point, you could try reaching out to legal aid societies and bar associations if they can offer direction. You could also try adding Real Estate as a category - real estate attorneys have insight into matters... View More

1 Answer | Asked in Land Use & Zoning, Municipal Law and Real Estate Law for Georgia on
Q: What can I do if someone left a camper on my property over a year ago. Can I remove it from my property without any lega
T. Augustus Claus
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answered on Sep 29, 2023

The laws concerning abandoned property vary by jurisdiction, but you may need to go through a legal process to remove the camper. Generally, this involves notifying the owner and giving them a certain amount of time to remove it before you can take action. Failure to follow the proper procedures... View More

1 Answer | Asked in Land Use & Zoning, Native American Law and Family Law for Nevada on
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?

I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims... View More

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answered on Sep 21, 2023

Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: My CA parcel has the only fence within 3 blocks. Since 1967 I have had sole maintenance and repair.

New owner #4 in 2021 tore down this fence and replaced it with a new fence as part of his major remodel. What costs and damages can I recover?

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answered on Sep 20, 2023

Under California law, you may potentially recover the costs and damages associated with the replacement of the fence if you can demonstrate that the new owner's actions constituted a wrongful removal or destruction of your property interest. You may also seek compensation for any decrease in... View More

2 Answers | Asked in Land Use & Zoning for California on
Q: Is an easement owner required to notify the real property owner before they do maintainance (w/ heavy equip)
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answered on Sep 19, 2023

In California, the rights and obligations of easement owners and property owners can vary depending on the terms of the easement agreement, local ordinances, and case law. Generally, an easement owner may have the right to perform maintenance on the easement, but this should be done in a way that... View More

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