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Land Use & Zoning Questions & Answers
1 Answer | Asked in Land Use & Zoning for South Carolina on
Q: Are these watersheds considered public property?
T. Augustus Claus
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answered on Aug 14, 2023

Watersheds are generally not considered public property in and of themselves. A watershed refers to an area of land where all the water that falls or drains within it flows to a common point, such as a river, lake, or ocean. While the land within a watershed may be owned by various entities,... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for West Virginia on
Q: Can the owners of the lot next to mine claim ownership of part or all of my property?

The owners of the lot next door to mine are using a driveway across my property to access their cabin even though there is a driveway on their property. Yesterday I found that they had put their address sign on the driveway on my property. I took it down and they called and gave me a sad story that... View More

Anthony M. Avery
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answered on Aug 14, 2023

Adverse Possession of some of your property is possible here. Hire a WV attorney to search both titles, and possibly hire a surveyor. You may need to file suit for a Boundary Dispute, Injunction, Quiet Title, Declaratory Judgment, etc.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: real estate conflict against neighbor

A manipulative, shameless neighbor filled with hate started construction of his home in January 2022, and it blocks sunlight, creating shadows on my property. We've owned our home since the 1960s. Numerous attempts have been made (by legal and non-legal means). Not withstanding, our efforts... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 11, 2023

Whether you have some kind of legal remedy depends on various factors, starting with what the zoning was when you moved in and any changes after you moved in, as well as whether the neighbor is in 100% compliance with the current zoning and permitting. Assuming the latter is the case, and you... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Probate for Texas on
Q: I have a question. My mother died and outright owned a 3.15 acre piece of land that had a house on it. She had no will.

Not married. I have three siblings. I was just released from prison after 12 yrs . The last month of my incarceration, my three siblings signed over ownership to my step father who has no legal right whatsoever to the land with a warranty deed. They tell me that they chose a part of the land that... View More

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

It depends. When your mother died, the 3.15 acre parcel passed to you and your siblings as tenants in common. All four of you owned the entire undivided tract. Any tenant in common can petition a court to partition the land either by sale or in kind. You should have received notice of any such... View More

1 Answer | Asked in Landlord - Tenant, Land Use & Zoning and Municipal Law for California on
Q: can my tenant run a business out of the apartment
James L. Arrasmith
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answered on Aug 10, 2023

A tenant's ability to run a business out of their apartment may depend on the terms outlined in the lease agreement and local zoning regulations. Review the lease agreement to determine if it addresses commercial activities and consult relevant local zoning ordinances to understand whether the... View More

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Family Law and Probate for California on
Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?

I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold... View More

James L. Arrasmith
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answered on Aug 10, 2023

Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement.... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Virginia on
Q: In Virginia do land surveyors have right of entry to adjoining properties without property owner permission?

Have scheduled a survey and one property owner is out of country for three years and not answering emails seeking permission. His fence, which may be located on my property, blocks surveyors from doing their work.

Anthony M. Avery
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answered on Aug 10, 2023

Usually licensed surveyors can go anywhere except some restricted areas to survey real property. That is what the license is for.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: I am a joint land owner in Arkansas. One co-owner has allowed a family member to take up permanent residence.

No legal documents, lease agreement, etc..

65 acres of pasture land, pond and a mobile home. Husband, wife and 5 kids.

What are the land owners liabilities?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2023

This is a question of Arkansas law. It has nothing to do with Florida law.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Gov & Administrative Law for Florida on
Q: Opening pedestrian path to motorized traffic/changing dead end street - Neighborhood Property Value Loss

Our street in a protected historic district currently is a dead end with 10 households on it. At the end of the street is a small footpath that allows pedestrians to walk over to another street, so some of those properties currently have zero motor traffic.

A developer has bought a property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 9, 2023

You hire an attorney who does this sort of work, not just real-estate. This is not anywhere close to a DIY project. This is complex litigation with lots of moving parts,.and if you want any chance of succeeding, you will have to hire top talent at a price.

1 Answer | Asked in Land Use & Zoning, Real Estate Law and Municipal Law for Alabama on
Q: In Alabama is it illegal for someone to throw their trash into their neighbors bin and keep their bin on neighbors yard?

Neighbor throws their trash in my bin & keeps their bin next to mine on my yard on trash days.

T. Augustus Claus
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answered on Aug 8, 2023

In Alabama, laws regarding trash disposal and property boundaries can vary depending on local ordinances and regulations. Generally, it's considered respectful to dispose of your own trash in your own bin and to keep your bins on your own property. If someone is consistently using your bin for... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: How does one handle disposing of abandoned property when there was never any exchange of money? Value is more than $300.

I stored my sister in law's property (70 boxes of bathroom tiles) in my garage, as a favor to her. There was never any charging of rent. After five years, I can't get her to move her items from my garage. What is the process of giving notice ( How many days?) and ultimately disposing of... View More

James L. Arrasmith
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answered on Aug 5, 2023

https://www.keyrentersacramento.com/blog/356080ee-aa30-4626-9232-a38c517f3f3b/what-to-do-if-a-tenant-abandons-the-property

- James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

1 Answer | Asked in Real Estate Law, Municipal Law and Land Use & Zoning for Georgia on
Q: Do I need a permit for a 50' antenna tower?

I'm in Grovetown, I want to put up a 50-foot tower in my yard for a CB antenna. Do I need a permit, If so how to get it? My yard is 2 acres, there's a neighborhood wrapping around one corner, one side has a street, and the other side is a house with a few acres. plz help and thx.

T. Augustus Claus
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answered on Aug 3, 2023

In Georgia, the requirements for permits for antenna towers may vary depending on the local zoning and building regulations in your specific area, such as Grovetown. Typically, the need for a permit may be determined by the height of the tower and other local regulations.

1 Answer | Asked in Land Use & Zoning and Municipal Law for California on
Q: Is the Redevelopment City of Pomona CA. Give me a notice before blocking my private entrance to my property?
James L. Arrasmith
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answered on Aug 3, 2023

Under California law, a governmental agency, such as the Redevelopment City of Pomona, must provide proper notice before blocking a private entrance to your property.

Blocking your private entrance without prior notice could potentially violate your property rights, and you may have grounds...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Alabama on
Q: A subdivision owner is claiming my land is in his subdivision, yet the legal description nor deed reflect that anywhere.

The subdivision owner is claiming I must follow their covenant rules even though my property is not legally described as being part of this subdivision. In the deed history the land was sold as a Tract to a party that foreclosed, where they agreed to do so, but the subsequent deeds from the county... View More

Anthony M. Avery
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answered on Aug 2, 2023

To really clear title, you will need an AL attorney to sue all subdivision owners in a Quiet Title Action. But first the attorney must carefully search that title. Any restrictions must be in your chain of title, not just someone else's.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Missouri on
Q: Do ALL property rights pass on to children as heirs if no deed was established prior to death?

Four years ago my grandfather died, without a will, and several family members and I became co-owners of land after probate court, including my uncle. Before anything was deeded, my uncle also passed away last year. My question: Does his share of ownership, as determined in probate court, pass on... View More

Anthony M. Avery
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answered on Aug 2, 2023

Hire a MO attorney to determine heirship. Then execute and record an Affidavit of Heirship as a source of title for the tenants in common. Remember someone has to pay taxes, insurance or a note.

1 Answer | Asked in Family Law, Land Use & Zoning and Real Estate Law for New Mexico on
Q: Does a widower have entitlement to deseased family Land Grant land turned into a LLC

We have acres in a family Spanish land grant turned LLC. My sister passed. Does my brother in-law have entitlement or interest

Anthony M. Avery
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answered on Aug 2, 2023

You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.

1 Answer | Asked in Real Estate Law, Civil Litigation, Land Use & Zoning and Municipal Law for New Jersey on
Q: Neighbor & asphalt co improperly "fixed" cracked asphalt, caused massive flooding on my property incl into basement

I believe my new neighbor flipper/landlord (now his 9th house), who is a paver patio installer, and the asphalt contractor he hired, to overlay our shared drive and lay substantial completely new asphalt on his property, violated the NJ Consumer Fraud Act. At the very least, both were negligent as... View More

Leonard R. Boyer
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answered on Aug 1, 2023

You really need to retain an experienced civil litigation attorney who has handled these type of cases extensively. You are correct about violations of the New Jersey Consumer Fraud Act, but there are a significant number of causes of action that you can file in a complaint. With modern technology,... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for New Jersey on
Q: Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three propertie

Both of my parents died. My stepdad was the last to pass away. He typed up a last testament and left the three properties and left it to my relative. Which isn't related to him. My mom had a will drawn up from an attorney years ago. It states that I'm her executor. I probated her will... View More

Leonard R. Boyer
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answered on Jul 31, 2023

This is not the type of question that can be answered in a forum like this. This case will be one that an attorney would charge about an hour of time to review all the documents and provide you with your options and an understanding of what has happened. Pick the best attorney you can find and... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for New Mexico on
Q: Is it legal to have a car repair shop in your residential garage here in New Mexico
T. Augustus Claus
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answered on Jul 31, 2023

In New Mexico, zoning regulations and local ordinances vary by city and county, so it's essential to check with your local government to determine if operating a car repair shop in your residential garage is permitted. Some areas may have specific zoning requirements or licensing regulations... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: How can we force a person to move the mobile homes that are across property line on property we own in Arkansas?

We have recently purchased land next to our home. The owner of the adjoining land has 2 mobile homes which extend way over the property line onto our property. We would like for the mobile homes to be moved over off of our property so we can erect a fence. We have a survey and the corners are... View More

Anthony M. Avery
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answered on Jul 31, 2023

You have a boundary dispute, which should have been discovered prior to the deed execution by a survey and looking at what you bought. If you received a warranty deed you may have a claim against the grantors , who need to be notified now. Hire a competent AR lawyer to search both titles, and... View More

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