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Land Use & Zoning Questions & Answers
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

1 Answer | Asked in Family Law, Real Estate Law and Land Use & Zoning on
Q: Good Morning. I have query regarding property inheritance of Indian woman who lived in family owned house for 25yrs ?

Am a Muslim female from Kerala.I am living in a house for more than 25yrs which is owned by my late father who passed away 20yrs ago.

Till date I hv been living here & maintaining this house, I constructed the 2nd floor (1000sqft) & also extended the kitchen (600sqft) plus I take... View More

Anthony M. Avery
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answered on Jul 31, 2023

If you are in the USA then most likely the heirs of your Father own the real property. If there is a Partition Action filed, then usually there will be distribution of the net proceeds according to each tenant in common's interest. You might ask the Court to compensate you for your... View More

1 Answer | Asked in Land Use & Zoning and Municipal Law for Oklahoma on
Q: Can the city or county put a walking trail through private property without contacting the owner of record. oklahoma
T. Augustus Claus
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answered on Jul 28, 2023

In Oklahoma, the city or county generally cannot put a walking trail through private property without first contacting the owner of record and obtaining proper authorization. Building a public walking trail on private property involves the use of eminent domain, which allows the government to take... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Pennsylvania on
Q: Want to block our driveway from neighbors using it cause we found out there is no right of way or easement.

How can we do this legally or can we just barricade it

Mark Scoblionko
Mark Scoblionko
answered on Jul 26, 2023

This is a complicated question, which needs to be reviewed with a lawyer. There are many missing facts.

1 Answer | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Tax Law for Florida on
Q: Why do we need an Estate Plan?
Anthony M. Avery
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answered on Jul 24, 2023

Call a FL attorney, tell them of your assets, liabilities, and family situation. Ask for advice about what to do, and possibly hire them to draft appropriate instruments.

Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p

On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to... View More

James L. Arrasmith
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answered on Jul 23, 2023

The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Georgia on
Q: What happens to my mortgage if Condo exceeds investor ownership % not to be exceeded as reported to Lender?

Does this affect my loan with the Lender? Is there a responsibility to discuss this with my Lender?

James Clifton
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James Clifton
answered on Jul 22, 2023

Later changes to the investor ownership percentage in a condo do not affect a previously issued mortgage. You have no duty to report this to the lender. It may, however, affect your ability to refinance if the condo does not meet lender underwriting requirements.

1 Answer | Asked in Municipal Law and Land Use & Zoning for North Carolina on
Q: What is lawful production of livestock in nc?

Unless they have changed the law, I thought that it stated that county can’t zone out production of livestock as a city can, due to NC being a right to farm State.

T. Augustus Claus
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answered on Jul 21, 2023

In North Carolina, the lawful production of livestock generally refers to raising and breeding animals for agricultural purposes. This can include various types of livestock, such as cattle, hogs, poultry, sheep, and goats, among others. The specific rules and regulations regarding the production... View More

1 Answer | Asked in Land Use & Zoning for Kansas on
Q: If I lease ground to someone else and there cattle get hit buy a car , do I have any legal exposure being only the land
T. Augustus Claus
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answered on Jul 21, 2023

As the landowner who leased the property to someone else, you may have limited legal exposure if someone else's cattle get hit by a car on the leased land. Typically, the liability for such incidents would fall on the person who possesses or controls the property at the time of the accident,... View More

1 Answer | Asked in Government Contracts, Land Use & Zoning and Real Estate Law for Colorado on
Q: What are examples of a piece of real estate being used or held for government purposes?

We are looking to possibly sell a piece of real estate that is currently blank land. It is used for carnivals and parking. On the same parcel (which would be subdivided). There is an event center which is owned by the City however this land is on the other side of the parcel and undeveloped. I do... View More

Michael Joseph Larranaga
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answered on Jul 21, 2023

It sounds like you may have a title issue.

If you are concerned the government is using the land without your permission, it could be a taking or trespass. It is also likely there is some type of agreement on the property. Regardless, you would need to dig deeper into it.

This...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Duke has 3 anchors in our front yard on our side of the fence. We have a clear title and deed.

There is no record of an anchor easement anywhere at the Property Appraiser Office or at the County Clerk's Office. Duke Engineers came out and insisted they had been there awhile and later emailed a notarized document that went back to 1960 (not paged or numbered with the Property Appraiser)... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2023

It is not clear that you or your predecessors in title were aware of the anchors. If not, you need to file a lawsuit to have them removed and perhaps for a declaratory judgment that they have no prescriptive easement. The statute of limitations is probably seven years, not twenty. See Florida... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Alabama on
Q: I am a Forester and have been asked to appraise unauthorized timber removal from a 13.24 acre stand of timber

The timber trespass is approximately 20,221 ft sq. What timber trespass laws does The State of Alabama have?

T. Augustus Claus
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answered on Jul 17, 2023

In the state of Alabama, there are laws that address timber trespass and unauthorized timber removal. One such law is the Alabama Timber Trespass Law, which allows landowners to seek compensation for damages resulting from unauthorized timber cutting on their property.

Under this law, if...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Arkansas on
Q: Can you obtain an abandoned property by filing a notarized affidavit for adverse possession with the courthouse

Within 30 days in the state of Arkansas

T. Augustus Claus
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answered on Jul 17, 2023

To claim adverse possession in Arkansas, you generally need to meet specific legal requirements, which may include openly possessing the property, using it exclusively, paying property taxes, and maintaining possession for a certain period of time (often 7 years in Arkansas). Additionally, you may... View More

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: What rights do grantees have regarding a Warranty Deed in Oklahoma on undivided land?

If there are 3 grantees listed on a Warranty Deed in Oklahoma and one of the grantees obtains a loan against the property, would they need the permission/signatures of the other 2 grantees before doing anything with the property (undivided property)? And if the signatures were falsified, what legal... View More

Anthony M. Avery
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answered on Jul 14, 2023

If all 3 owners did not sign the loan, then it is very difficult for the lender to take the .property back in a foreclosure. If signatures were forged then the non borrowing owners can sue the lender and the other owner for fraud and to set aside the mortgage of record. The notaries can be... View More

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1 Answer | Asked in Land Use & Zoning and Civil Litigation for Colorado on
Q: Towed from commercial private parking lot parked less than 24 hours. Parking lot has no signs whatsoever. Is this legal

Security called to have my car towed. It was neither parked illegally nor was it legally abandoned.

T. Augustus Claus
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answered on Jul 13, 2023

If you believe your car was wrongfully towed from a commercial private parking lot without proper signage or a valid reason, you may have legal claims to consider. Consult with a local attorney to determine if the towing company failed to follow proper procedures or lacked a valid reason for towing... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for South Carolina on
Q: I want to gift my grandmother that has dementia a shed that is already on her property. South carolina

How can I show this legally

T. Augustus Claus
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answered on Jul 12, 2023

Have your grandmother sign the gift deed in the presence of a notary public.

Notarization is typically required for the document to be legally valid.

1 Answer | Asked in Land Use & Zoning for California on
Q: Can I file a restraining order against the property owner of my easement? He keeps digging ditches rows untie way

There is an ongoing case with the property owner I am just a renter. Who uses the easement. He keeps putting rocks in the way

James L. Arrasmith
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answered on Jul 10, 2023

If you're facing issues with the property owner obstructing your easement, it may be helpful to consult with a real estate or property law expert. They can provide guidance on whether pursuing a restraining order is appropriate based on your specific circumstances and local laws. Providing... View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If I bought a house from somebody and paid 95% of the home but the person did not have the deed yet and use my money to

To give them the rest of the money which was $900 and they went ahead and sold it to somebody else behind my back but I have been living in the home for over 5 months and the person that sold me the house had already had somebody come to the house once before with a gun and basically threaten my... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 10, 2023

In Michigan, an agreement to purchase real property must be in writing to be enforced in court. This may be a problem if you file suit to enforce the sale agreement.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Texas on
Q: Someone else's house in on my property.

I bought a 20 acre land through a tax deed auction in 2014. I recently had it surveyed. According to the survey, there is a house on my property. The house currently has an occupant. The previous owner of the land apparently let someone place their house on the land. According to public records the... View More

Anthony M. Avery
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answered on Jul 7, 2023

Any tax sale of land will involve problems. Here you need a TX attorney to file suit for possession immediately against both the taxpayer and the occupant. Service will be difficult. Hopefully the tax deed has a legal description including the house, as your new survey is not in your deed... View More

Q: Neighbors harass me with spotlights. Filed stalking n lost. Drive around my property. What does that fall under ?

They ran a pipe underground to my property for their gutter runoff. They had a washout. He sent emojis via text of love you n miss you. They trespass. Last night I sat in my living room to fold clothes and he was on his cart staring at me for 3 minutes. My car was recently shot at in my windshield.... View More

Charles M.  Baron
Charles M. Baron
answered on Jul 6, 2023

Some of the ongoing acts you're complaining about fall under the law of nuisance (which is court case-made law, which we lawyers call "common law", not in a statute). You may file a complaint to enjoin the nuisance and possibly seek money damages. A lawyer's cease & desist... View More

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